Antitrust Deep Freeze Over Dreyer’s

This has been one Rocky Road for the former distributor of Dreyer’s Ice Cream.  Ice Cream Distributors of Evansville, ICD, had a deal with Dreyer’s to distribute the ice cream to grocery and convenience stores, but when ICD refused to agree to exclusivity terms, Dreyer’s killed the deal and began distributing its own products.

Dreyer’s business soared, ICD’s soured.  ICD sued for antitrust violation, racketeering and violation of California’s unfair competition law.  ICD also claimed it lost much of its business because Dreyer’s allegedly spread disparaging stories to ICD customers.

The 9th U.S. Circuit Court of Appeals said nuts to that on Thursday.

The appeals court affirmed the trial court’s dismissal of claims and held ICD failed to show it was entitled to restitution.

“That Dreyer’s business improved as a result of ICD’s collapse does not entitle ICD to restitution,” wrote the panel in an unpublished order.

Judges Betty Fletcher, Michael Daly Hawkins and  Mary Murguia joined in the decision.  The court notes that Fletcher fully participated in the case prior to her death earlier this month.

Case:  Ice Cream Distributors of Evansville v. Dreyer’s Grand Ice Cream, Inc., No. 10-17257


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