The U.S. Supreme Court on Monday declined to hear Dean Foods Co's(DF.N) appeal over claims the business conspired to restrict competition for bottled milk in the southeastern United States, forcing the company to face an antitrust suit over the matter.
The high court's refusal to intervene means a January ruling by the Cincinnati-based U.S. 6th Circuit Court of Appeals that revived the claims against Dallas-based Dean Foods remains intact. The case will now return to lower courts for further proceedings.
The case stems from the 2001 merger between Suiza Foods Corp, then the largest U.S. milk processor, and Dean Foods, the second largest. As part of the agreement, the merged company, known as Dean Foods, divested assets to steer clear of antitrust concerns by the U.S. Justice Department. Those assets helped create a new competitor called National Dairy Holdings.
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