A class action complaint was recently filed naming the two largest distributors of propane exchange tanks, Blue Rhino & AmeriGas, as Defendants in an antitrust lawsuit.  The litigation is currently pending before the Honorable Gary Fenner of the United States District Court in the Western District of Missouri, Western Division.

The litigation alleges the Defendants colluded in a scheme to raise the per-pound price of propane across the country by reducing the amount of propane they would put in their tanks from 17 to 15 pounds, without passing any savings on to consumers.  The conspiracy effectively raised the prices charged by more than 13% per pound. As a result, Plaintiffs paid more for propane than they otherwise would have. 

The class members in this litigation include all businesses and consumers who purchased filled propane exchange tanks directly from Defendants at the illegally inflated prices.

On December 15, 2014, the Court appointed Cohen Milstein Sellers & Toll PLLC, Berger & Montague, P.C., and Susman Godfrey L.L.P. as interim co-lead counsel for the proposed direct-purchaser class and Shaffer Lombardo Shurin, P.C. as liaison counsel for Plaintiffs.