Keurig K-Cup Settlement
Keurig has agreed to pay $31 million to settle claims it violated antitrust laws by fixing the price of its Keurig K-Cup products. The lawsuit, which has been pending since 2014, claims that Keurig monopolized or attempted to monopolize and restricted, restrained, foreclosed, and excluded competition in order to dictate the prices of Keurig K-Cup Portion Packs at artificially high levels. This is a violation of Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2, Section 3 of the Clayton Act, 15 U.S.C. § 14, and various state antitrust, unfair competition, consumer protection, unjust enrichment, and other laws.
The Court did not decide in favor of the Plaintiff or Defendants. Instead, the Plaintiff and Defendants agreed to a settlement. This way, they avoid the cost and burden of a trial and the people affected can get benefits. The Class Representatives and their attorneys think the settlement is best for all Settlement Class Members.
The Court has certified this case for settlement purposes only as a class action. The class (the “Settlement Class”) is defined as:
- All individuals and entities in the United States and its territories that purchased, from persons other than Keurig and not for resale, Keurig K-Cup Portion Packs during the period September 7, 2010, to August 14, 2020 (except for claims under Mississippi law—which are for purchases during the period from March 24, 2011, to August 14, 2020—and Rhode Island Law—which are for purchases from July 15, 2013, to August 14, 2020).
Excluded from the Settlement Class are Keurig and its predecessors, subsidiaries, parents, affiliates, joint venturers, and their directors and executive officers, and parties to any supply, retail, or distribution contracts with Keurig relating to Keurig K-Cup Portion Packs or Keurig brewers, as well as all federal governmental entities and instrumentalities of the federal government, states and their subdivisions, agencies and instrumentalities, any judge or jurors assigned to this case, the Hon. Joseph J. Farnan, Jr. (Ret.), who served as a mediator in this case and any class member who excludes themselves
Related: See All Settlement Rebates Here
Keurig has agreed to pay $31,000,000 in a non-reversionary fund in full and complete settlement and release of all claims of Plaintiffs and the Settlement Class Members, as described in the Settlement. The Fund will be used to pay Settlement Class Members who send in a valid Claim Form, after attorneys’ fees, Settlement and class administration costs, and other expenses have been deducted.
The value of any claim will be based on the location of the purchase of the Keurig K-Cup Portion Pack and any proof of purchase. In accordance with the Plan of Allocation, the value of a claim will be calculated by the following matrix:
|For Purchases Made in Repealer States or Territories||For Purchases Made in Non-Repealer States or Territories||For Purchases Made in Florida or Illinois|
|Proof of Purchase of Keurig K-Cup Portion Pack from a person other than Keurig Submitted with Proof of Claim||100% of claim||7.5% of claim||33 1/3% of claim|
|No Proof of Purchase of Keurig K-Cup Portion Pack, but Proof of Purchase of Keurig Brewer Submitted with Proof of Claim||50% of claim with a 7,300-cup/12 mo. cap||3.75% of claim with a 7,300-cup/12 mo. cap||16 2/3% of claim with a 7,300-cup/12 mo. cap|
|No Proof of Purchase of Keurig K-Cup Portion Pack or Keurig Brewer Submitted with Proof of Claim||10% of claim with a 550-cup/12 mo. cap||0.75% of claim with a 550-cup/12 mo. cap||3 1/3% of claim with a 550-cup/12 mo. cap|
The following are Repealer States or Territories: Arizona, Arkansas, California, District of Columbia, Hawaii, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Vermont, West Virginia, Wisconsin and Guam.
The following are Non-Repealer States or Territories: Alabama, Alaska, Colorado, Connecticut, Delaware, Georgia, Idaho, Indiana, Kentucky, Louisiana, Maryland, Montana, New Jersey, Ohio, Oklahoma, Pennsylvania, South Carolina, Texas, Virginia, Washington, Wyoming, American Samoa, Puerto Rico, the Northern Mariana Islands, and the U.S. Virgin Islands.
Your Claim Form must be submitted (and if mailed, postmarked) on or before July 15, 2021.