In re Beer Distribution Antitrust Litigation

ORDER DENYING WITHOUT PREJUDICE PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION

Plaintiffs Huntington Beach Brewing Company d/b/a El Toro Brewing Company (“El Toro”), Kenneth Allen d/b/a Anderson Valley *551 Brewing Company (“Anderson Valley”), Lake Tahoe Brewing Company, Inc. d/b/a Tahoe Basin Beverage Company (“Lake Tahoe”), and St. Stan’s Brewing Company (“St. Stan’s”) each filed separate class action complaints against Defendant Anheuser-Busch, Inc. (“Anheuser-Busch”) alleging claims under various federal antitrust statutes. Following consolidation of these four separate actions, Plaintiffs filed a consolidated class action complaint alleging the following five causes of action: (1) exclusive dealing in violation of § 1 of the Sherman Act ( 15 U.S.C. § 1 ); (2) exclusive dealing in violation of § 3 of the Clayton Act ( 15 U.S.C. § 14 ); (3) concerted refusal to deal and group boycott as a per se violation of § 1 of the Sherman Act ( 15 U.S.C. § 1 ); (4) concerted refusal to deal and group boycott under the rule of reason pursuant to § 1 of the Sherman Act ( 15 U.S.C. § 1 ); and (5) attempted monopolization in violation of § 2 of the Sherman Act ( 15 U.S.C. § 2 ).

Plaintiffs now…