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Chocolate Makers Steal Candy from Babies

In this class action the Plaintiffs allege that Cadbury, Mars, Nestle and Hershey conspired to fix and increase the price for chocolate confectionary products sold in Newfoundland and Labrador and elsewhere in Canada. Such acts would be illegal under the Competition Act. The Plaintiffs also allege conspiracy and other civil causes of action on behalf of residents of Newfoundland and Labrador who purchased chocolate products from January 1, 2001 through to the present.

Ches Crosbie Barristers has commenced this action in conjunction with other leading Canadian class action law firms including Branch MacMaster and Camp Fiorante Matthews in British Columbia, Sutts, Strosberg LLP, Siskinds LLP, and Harrison Pensa LLP in Ontario and Quebec, and Wagners in Nova Scotia. Ches Crosbie Barristers has been successful in certifying the first class action in Atlantic Canada and obtaining the first court approved settlement of a class action in Atlantic Canada.

Representative plaintiff Bill Kelly spearheaded a class action arising out of the Hiland Insurance debacle in the late 1990s. This class action failed due to the lack of modern legislation regulating class actions. Mr. Kelly successfully lobbied the government of Newfoundland and Labrador to pass modern legislation in the form of the Class Actions Act which became law in 2004.

Representative plaintiff Gerald LeDrew is a Kelligrews businessman with a reputation for standing up for the underdog and a partiality for Crunch, Snickers and Smarties. "I'm a father" Mr. LeDrew stated. "Nobody should steal candy from babies, particularly the people who make it. A class action is the only way to make them give it back."
An information was sworn by Daniel Wilcock November 19, 2007 on behalf of the Commissioner of Competition, to ground a request for search warrants. From this information it appears that the company with the biggest market share in Canada, Cadbury, has turned in the other chocolate makers, in order to gain immunity from Competition Act proceedings. "Whatever penalties the other manufacturers may be subjected to, Cadbury might escape justice unless called to account by class proceedings", said St. John's lawyer Ches Crosbie.
The Statement of Claim and Information sworn on behalf of the Commissioner of Competition, can be viewed by clicking the links below.

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Ches Crosbie Barristers
169 Water Street
St. John's, NL
A1C 1B1
Phone: (709) 579-4000
Fax: (709) 579-9671
Toll Free: (888) 579-3262

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