Class Certified and SRKW to Co-Lead Price-Fixing Antitrust Case Against Babies 'R' Us

SRKW was appointed co-lead counsel in the Babies 'R' Us class action, representing consumers who purchased certain baby products from Babies 'R' Us between 1999 and 2006. Plaintiffs allege that Babies 'R' Us coerced the six manufacturer defendants (including Regal Lager, BabyBjörn AB's former exclusive U.S. distributer) into adopting vertical price restraints to prevent retail discounting and insulate Babies 'R' Us from price competition. On July 15, 2009, Judge Anita Brody issued a fifty-page opinion certifying consumer subclasses, noting that Babies 'R' Us "conspired with numerous manufacturers, including the defendants Britax Child Safety, Inc., Kids Line, LLC, Maclaren USA, Inc., Medela, Inc., Peg Perego USA, Inc., and BabyBjörn AB, which supplied U.S. retailers through defendant Regal Lager, Inc." The opinion and accompanying order were filed in the United States District Court for the Eastern District of Pennsylvania (McDonough et al. v. Toys 'R' Us, Inc., et al., case number 2:06-cv-00242). Thereafter, the defendants petitioned the Third Circuit for leave to appeal pursuant to F.R. Civ. P. 23(f). On September 3, 2009, the Third Circuit denied the defendants' petitions.