131297P.pdf   05/21/2014  D&G, Inc.  v.  SuperValu, Inc.
   U.S. Court of Appeals Case No:  13-1297
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Chief Judge Riley, Author, with Bright and Kelly, Circuit 
   Judges] 
   Civil Case - Antitrust. Following an asset exchange and non-compete 
   agreement between the two largest grocery wholesalers, D&G, Inc., a family 
   owned grocery brought antitrust action. Factual disputes remain whether 
   non-compete agreement and actual behavior resulted in a per se antitrust 
   violation. District court erred in grant of summary judgment to 
   wholesalers based on finding that D&G did not properly define the relevant 
   market, as wholesalers had not argued this issue. District court's grant 
   of partial or targeted summary judgment was error. District court did not 
   abuse its discretion in denying class certification. The denial of D&G's 
   request to certify a narrower class of customers is vacated for 
   reconsideration by the district court. District court did not err in 
   concluding the claims were untimely.