Case Number: No. 4:14-md-02567

Practice Area: Antitrust

Case Status: Settled

Court: United States District Court for the Western District of Missouri

Berger Montague served as co-lead counsel and obtained a $12.6 million settlement for direct purchasers of filled propane tanks from the defendants AmeriGas and Ferrellgas LP (which does business as Blue Rhino), the two largest distributors of propane exchange tanks in the U.S. The multi-district litigation took place in the United States District Court for the Western District of Missouri and was captioned In re: Pre-Filled Propane Tank Antitrust Litigation, No. 4:14-md-02567 (W.D. Mo.).

The lawsuit alleged that beginning in 2008, the defendants conspired to reduce the amount of propane they would put in their tanks from 17 to 15 pounds, while keeping prices stable, thereby effectively raising the prices charged by 13% per pound. The plaintiffs alleged that the defendants continued to fix prices, allocate customers and markets, and avoid competing with each other on price or fill levels through at least 2010. As a result, the plaintiffs alleged they and the proposed class paid artificially inflated prices for filled propane exchange tanks.

On July 2, 2015, the district court dismissed the case, holding that the plaintiffs’ claims were time-barred. The plaintiffs, co-led by H. Laddie Montague, Jr., Eric L. Cramer, and Martin Twersky of Berger Montague, appealed to the United States Court of Appeals for the Eighth Circuit, and on June 23, 2017, the Eighth Circuit, en banc, reversed the district court and remanded the case. The settlement was reached following extensive further proceedings.

If you or your company has been harmed by anticompetitive conduct or any conduct that you believe violates the antitrust laws, please contact Berger Montague.

About Berger Montague

Berger Montague is a national law firm focusing on complex civil litigation in federal and state courts throughout the United States. For over half a century, Berger Montague has played lead roles in consequential, precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, and Washington, D.C.

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