Case Description
Plaintiff States sought to enjoin Suiza and Stop & Shop from entering into a merger which they alleged would substantially reduce competition in New England for the processing and sale of fluid milk, thus creating a monopoly. Suiza and Stop & Shop agreed to settlement terms with the Plaintiff States. In order to effectuate the merger, Suiza agreed to enter into processing agreements with resellers and was enjoined for a five-year period from entering any agreements that restricted or prevented Stop & Shop Supermarkets from selling fluid milk or cream products supplied by other farms. Suiza also agreed to give the Plaintiff States prior notice of future acquisitions and prior notice if it were to sell or close any of its fluid milk plants. Stop & Shop agreed to divest certain assets in order to consummate the merger. Suiza and Stop & Shop further agreed to pay the Plaintiff States $300,000 in costs and attorneys fees. (See also Vermont v. Suiza Food Corp., Connecticut v. Suiza Foods Corp.