District of Minnesota Judge Ann Montgomery denied the defendants motion to dismiss on statute of limitations grounds arguing that each instance of higher pricing as a result of a market division agreement re-starts the statute. As a result, dismissal was in appropriate even though the agreement was initially entered more than four years ago. The plaintiffs alleged that C&S Grocers and SuperValu, two of the nation’s largest grocery wholesalers had agreed to divide territories and not to compete for certain customers. The court denied the plaintiff’s motion for summary judgment because it was not clear that the agreement would be per se illegal.