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Citric Acid Price Fixing Case Wilcox v. Archer Daniels Midland Co.

Wilcox v. Archer Daniels Midland Co. Ingham County Circuit Court File No. 96-82473-CP (Hon. William E. Collette) is a consumer class action against the producers of High Fructose Corn Syrup and Citric Acid who are alleged to have fixed the prices of those products. This case is brought under the Michigan Antitrust Reform Act's provision which allows persons who have been injured indirectly in their business or property to recover overcharges in the price of consumer goods which contain the alleged price fixed product. Archer Daniels Midland had pled guilty to price fixing of Citric Acid under the Sherman Act. It has also agreed to pay $65 million to settle price fixing lawsuits by its citric acid customers and shareholders. Plaintiff has filed his motion for class certification. Class discovery is underway and the deposition of the plaintiff's economic expert on the question of the pass through of the fixed price to the consumer product is imminent.