Full opinion text
MEMORANDUM OPINION DAVIDSON, District Judge. This litigation presently consists of thirteen individual lawsuits which were filed in various federal district courts throughout the country. While most of the actions were filed here in the Northern District of Mississippi, there were also filings in the Western District of Washington, Eastern District of Pennsylvania, Eastern District of Louisiana, and the Eastern District of Tennessee. In accordance with 28 U.S.C. § 1407, the Judicial Panel on Multidistrict Litigation has transferred all cases to this district for centralized and consolidated pretrial proceedings. The named plaintiffs in this litigation are food distributors who purchased catfish and catfish products from 1981 until 1990, from various companies that were engaged in the business of processing and selling farm raised catfish and catfish products. In the consolidated class action complaint which was filed on October 14, 1992, the named plaintiffs (distributors) invoke section 4 of the Clayton Act (15 U.S.C. § 15) as a means to recover treble damages, costs of suit, and attorneys’ fees for the defendants’ (proeessors/sellers) alleged violations of section 1 of the Sherman Act. The sum and substance of the consolidated complaint is that the defendants have engaged in a combination and conspiracy, since at least 1981 through 1990, to suppress and eliminate competition in the catfish industry by fixing prices of catfish and catfish products sold throughout the United States. It is alleged that the defendants agreed to establish minimum prices for catfish and certain catfish products and to adhere to the established minimum prices. As a consequence, plaintiffs allege injury in that the prices paid for catfish were artificially high and at non-competitive levels. As noted above, the litigation began as thirteen separate actions filed in various districts. However, since all actions have been consolidated under the “master file” for pretrial treatment, the court had the benefit of consolidated motions, responses, and memorandum briefs which pertain to all actions. The named plaintiffs, on behalf of themselves and a class of all those similarly situated, are as follows: State Fish Distributors, Inc.; Robert Orr-Sysco Food Services Co.; Randle Trout Distributors, Inc.; Farm House Food Distributors, Inc.; and, American Seafood, Inc. The defendants in this case are the following catfish processors: Magnolia Processing, Inc. (“Magnolia”); Delta Pride Catfish, Inc. (“Delta Pride”); Simmons Farm Raised Catfish, Inc. (“Simmons”); Farm Fresh Catfish Company (“Farm Fresh”); Country Skillet Catfish Company (“Country Skillet”); ConAgra; and Southern Pride Catfish Company, Inc. (“Southern Pride”). All defendants, except for Southern Pride, have filed motions to dismiss plaintiffs’ third amended class action complaint. The motions to dismiss are advanced under F.R.C.P. 12(b)(6), failure to state a claim upon which relief can be granted, and 9(b), failure to aver fraud with particularity. Also ripe for consideration is the motion by the named plaintiffs to certify a class action pursuant to F.R.C.P. 23. In order to better understand the legal issues which the court considers, a brief sketch of the catfish industry is presented before addressing the motions to dismiss. Background Catfish aquaculture experienced growth explosion in the 1980s. The consumer market for catfish expanded beyond its traditional base in the Deep South, and markets were cultivated in regions throughout the country, with particular success in the West. This growth was attributed to aggressive marketing along with a consumer preference for leaner, low-fat meat choices. During the 1980s, catfish sales by processors increased tenfold, and catfish is now a $400 million per year business. From 1986 through 1989 alone, ten new processing plants entered the business. Catfish production begins with young fish, fingerlings, which are raised in hatcheries to a size that can be transported to catfish ponds. Once transferred to the production ponds, the fingerlings may take 'up to two years to reach harvesting maturity. The defendants purchase farm-raised catfish which they process and then sell to wholesalers and retailers for distribution to final consumers. Once the processors purchase live fish from the producers, the fish go through various stages of processing' at processing plants. Initially, the fish are beheaded, eviscerated and skinned. The processor may then sell the whole processed fish, or further processing could occur. For example, the whole fish could be cut into steaks, which are cross-section cuts; filets, which are the boned side of the fish; nuggets, which are small filets cut from below the rib; or strips, finger-size pieces of fish cut from the filets. Once the fish are processed and cut into the desired serving portion, the catfish are either packed in ice or frozen for shipment. Catfish is a highly concentrated industry. Approximately 80% of the nation’s catfish is produced and processed in the Mississippi Delta region, and neighboring Alabama is the second leading producer. Delta Pride, Country Skillet, and Farm Fresh are considered the “big three,” in catfish processing; and in 1988, these three processors accounted for more than 70% of the industry’s processing capacity. In more recent years, it has been reported that Delta Pride and Farm Fresh have lost some of their market share to new entrants. However, Delta Pride, a farmer-owner cooperative, is, and has always been, the dominant force in the catfish production/proeessing business. MOTIONS TO DISMISS Rule 12(b)(6) Standard A Rule 12(b)(6) motion is disfavored, and it is rarely granted. Clark v. Amoco Production Co., 794 F.2d 967, 970 (5th Cir.1986); Sosa v. Coleman, 646 F.2d 991, 993 (5th Cir.1981). Dismissal is never warranted because the court believes the plaintiff is unlikely to prevail on the merits. Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 1686, 40 L.Ed.2d 90 (1974). Even if it appears an almost certainty that the facts alleged cannot be proved to support the claim, the complaint cannot be dismissed so long as the complaint states a claim. Clark v. Amoco Production Co., 794 F.2d 967, 970 (5th Cir.1986); Boudeloche v. Grow Chemical Coatings Corp., 728 F.2d 759, 762 (5th Cir.1984). “To qualify for dismissal under Rule 12(b)(6), a complaint must on its face show a bar to relief.” Clark, 794 F.2d at 970; see also Mahone v. Addicks Utility Dist., 836 F.2d 921, 926 (5th Cir.1988); United States v. Uvalde Consolidated Ind. School Disk, 625 F.2d 547, 549 (5th Cir.1980), cert. denied, 451 U.S. 1002, 101 S.Ct. 2341, 68 L.Ed.2d 858. The court accepts the facts alleged by plaintiffs in the complaint as true and views the material allegations of the complaint “as admitted,” along with such reasonable inferences that might be drawn in plaintiffs’ favor. Garguil v. Tompkins, 704 F.2d 661, 663 (2d Cir.1983), vacated on other grounds, 465 U.S. 1016, 104 S.Ct. 1263, 79 L.Ed.2d 670 (1984); Murray v. City of Milford, 380 F.2d 468, 470 (2d Cir.1967); In re Energy Systems Equipment Leasing Securities Litig., 642 F.Supp. 718, 723 (E.D.N.Y.1986). Dismissal is appropriate only when the court accepts as true all well-pled allegations of fact and, “it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Thomas v. Smith, 897 F.2d 154, 156 (5th Cir.1989), quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 100-02, 2 L.Ed.2d 80 (1957); see Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 2232, 81 L.Ed.2d 59, 65 (1984); Mahone v. Addicks Utility Dist., 836 F.2d 921, 926 (5th Cir.1988); McLean v. International Harvester, 817 F.2d 1214, 1217 n. 3 (5th Cir.1987); Jones v. United States, 729 F.2d 326, 330 (5th Cir.1984). When a defendant moves to dismiss a complaint, the court focuses solely on the legal sufficiency of the pleadings. Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 1686, 40 L.Ed.2d 90, 96 (1974). The court is restricted to the face of the pleadings and may look only within the four corners of the complaint in evaluating a Rule 12(b)(6) motion. Goldman v. Belden, 754 F.2d 1059, 1065 (2d Cir.1985); Ryder Energy Distribution Corp. v. Merrill Lynch Commodities, Inc., 748 F.2d 774, 779 (2d Cir.1984); In re Energy Systems Litig., 642 F.Supp. 718, 723 (E.D.N.Y.1986). Motions to Dismiss by Defendants Country Skillet, ConAgra, Magnolia, Farm Fresh, Simmons and Delta Pride Defendants Farm Fresh, Simmons, and Delta Pride submitted a consolidated memorandum in support of their motions to dismiss. Magnolia Processing joins in the motion to dismiss but relies upon memorandum briefs submitted by other parties. Defendants Country Skillet and ConAgra submitted a separate memorandum brief. In support of the motions to dismiss, all defendants rely upon the same legal arguments; therefore, collective consideration of the motions is possible. However, in the discussion which follows, facts and issues which are pertinent to specific defendants will be duly noted. There are three issues which the defendants raise for the court’s attention in support of their motions to dismiss. The three issues are as follows. First, defendants assert that the plaintiffs’ claims of conspiracy are merely conclusory allegations which fail to set forth sufficient details and are therefore insufficient to state a claim upon which relief can be granted. The second and third issues are interrelated. Defendants argue that the plaintiffs have failed to allege fraudulent concealment of the conspiracy with the particularity required by F.R.C.P. 9(b). The issue of fraudulent concealment has a direct impact upon the third argument in support of the motions. Defendants argue that since plaintiffs have not properly pled fraudulent concealment, then the Clayton Act’s four year statute of limitations would bar plaintiffs’ claims which are based on conduct that allegedly occurred more than four years pri- or to the filing of the complaint. In turn, the court now considers defendants’ arguments in support of the motions to dismiss. A. Insufficient Allegations of Conspiracy The first component of defendants’ argument is that plaintiffs’ allegations of a conspiracy are insufficient to state a claim. Defendants argue that since concerted activity is an indispensable element of a Sherman Act claim, then the claims should be dismissed because the complaint includes insufficient factual allegations of concerted activity against each and every defendant. According to defendants, “ [allegations of conspiracy must identify specific acts of each of the alleged conspirators which connect them with the conspiracy.” Regarding the defendants’ claim of insufficient allegations of a conspiracy, the plaintiffs’ consolidated complaint sets forth the following: VIII. OFFENSES CHARGED 30. Beginning at least as early as 1981, and continuing through at least 1990, the exact dates being unknown to plaintiffs, defendants and their co-conspirators entered into and engaged in a combination, and conspiracy to suppress and eliminate competition by fixing prices of catfish and catfish products directly sold throughout the United States. 31. The charged combination and conspiracy consisted of a continuing agreement, understanding, and concert of action among the defendants and co-conspirators, the substantial terms of which were to fix prices of catfish and catfish products, throughout the United States, by among other things: (a) Agreeing to establish minimum prices for certain catfish products; and (b) Agreeing to adhere to the established minimum prices. 32. For the purposes of forming and carrying out the charged combination and conspiracy, the defendants and co-conspirators did those things that they combined and conspired to do, including among other things: (a) Participating in meetings and discussions about the prices of catfish and catfish products; (b) Agreeing, in the course of those meetings and discussions, on minimum prices for catfish and catfish products; (c) Agreeing, in the course of those meetings and discussions, that the agreed upon minimum prices should go into effect on a certain date; (d) Agreeing to adhere to established minimum prices for catfish and catfish products; (e) Monitoring and enforcing compliance with the agreements to adhere to established minimum prices for catfish and catfish products; (f) In 1983, defendant Magnolia met with certain other companies including Delta Pride. This meeting was held in Sunflower County, Mississippi. The parties in attendance at this meeting agreed to set minimum prices for future sales of catfish and catfish products and the date such prices would go into effect; (g) In 1984, at least two additional meetings were held. At the first of these meetings, other processors in addition to Magnolia and Delta Pride were represented, including Simmons and Farm Fresh. At both meetings, the persons present reached an agreement on what prices they should be charging for catfish and catfish products. In addition, at either or both of these meetings, a representative of Delta Pride indicated that Country Skillet, another processor not represented at the meeting, would go along with any agreement reached regarding the prices to charge for various catfish and catfish products; (h) Thereafter, the President and General Manager of defendant Magnolia, William Gidden, continued to have discussions with a representative of Delta Pride who would inform Gidden of the price the processors had agreed to charge for catfish and catfish products and when those prices were to go into effect. Gidden would then agree to go along with the price changes and would implement those changes on behalf of defendant Magnolia; (i) Early in 1987, Joseph Glover, Jr., the founder of Southern Pride, received a call from a competitor who said he had talked to a number of other catfish processors and that they had agreed to raise prices. Glover continued to have discussions with competitors during the 1987-1990 time period for the purpose of agreeing to and fixing prices in the sale of catfish and catfish products; (j) At least one additional meeting was held in early 1990 which was attended by Southern Pride and top officials of two competitors. (k) In formulating and effectuating the aforesaid combination and conspiracy, defendants and their co-conspirators did those things which they combined and conspired to do, the substantive terms of which were to artificially raise and fix and maintain prices by establishing minimum prices for various catfish and catfish products, setting the date such prices should go into effect, adhering to such minimum prices and monitoring and enforcing compliance with the agreed upon minimum prices. Complaint, pgs. 7-10. The sufficiency of a complaint is governed foremost by Rule 8(a)(2) which requires a “short and plain statement of the claim showing that the pleader is entitled to relief—” It is well settled that the statement of the claim should provide the defendant with fair notice of what the claim is and the grounds upon which it rests. Conley v. Gibson, 355 U.S. 41, 47, 78 S.Ct. 99, 103, 2 L.Ed.2d 80, 85 (1957). In a Sherman Act claim, a blanket allegation of a conspiracy is deemed insufficient to place the defendant “on notice” of the claim in order for defendant to formulate an adequate responsive pleading. Mountain View Pharmacy v. Abbott Laboratories, 630 F.2d 1383, 1387 (10th Cir.1980); Larry R. George Sales Co. v. Cool Attic Corp., 587 F.2d 266, 273 (5th Cir.1979); California Dump Truck Owners Ass’n v. Associated General Contractors, 562 F.2d 607, 615 (9th Cir.1977). Yet, by the same token, there is no requirement of an “inordinate level of factual specificity.” Mountain View Pharmacy, 630 F.2d at 1388. In the case sub judice, the defendants received much more than a generic allegation of conspiracy, and the complaint more than satisfies Rule 8(a)(2) standards. For example, defendants received notice that the plaintiffs allege; a conspiracy among them to establish minimum prices for catfish and catfish products; agreements to adhere to the established minimum prices; agreements to set dates in which minimum prices were to be implemented; and, monitoring and enforcing compli.ance with the agreed upon minimum prices. As a means to this end, plaintiffs allege that beginning in 1981 and continuing through 1990, company representatives from the defendant companies engaged in meetings and telephone conversations where discussions occurred and decisions were made as to the prices to be charged for catfish and the dates of implementation. In 1983, it is alleged that Magnolia Processing met with other companies, one of which was Delta Pride, in a meeting held in Sunflower County, Mississippi. The complaint alleges that in 1984, at least two additional meetings were held. In addition to Magnolia and Delta Pride, Simmons and Farm Fresh were also represented. After agreeing at the meetings on the prices that should be charged for catfish and catfish products, it is asserted that a representative of Delta Pride indicated that Country Skillet would “go along” with any agreement that was made. Subparagraph “h” of the complaint asserts that William Gidden, President and General Manager of Magnolia, continued to have discussions with Delta Pride officials wherein Delta Pride would inform Gidden of price changes and the dates of implementation. Subparagraph “I” addresses an allegation that Joseph Glover, Jr., the founder of Southern Pride, engaged in discussions with competitors from 1987-1990, regarding an increase in the prices to be charged for catfish. Finally, the complaint alleges that in early 1990, at least one meeting was held between Southern Pride and top officials of two competitors. Defendants argue that the class action complaint is lacking the “requisite” specificity in the following areas. First of all, the complaint does not identify all of the company representatives who attended all of the alleged meetings, and there is no explanation of any company authority that the representatives might have possessed. Second, the dates and locations of the meetings are not listed, and “[t]he Complaint also fails to identify any substantive facts concerning the alleged agreement such as the type of product or products involved and the relevant geographic market affected.” The defendants do not cite the court to any authority which demands the rigid level of detail and specificity of antitrust pleading which defendants advance, or “propose,” and none exists. To the contrary, a rigid rule of specificity and detail is disfavored in antitrust cases at the pleadings stage: We have held that ‘a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.’ Conley v. Gibson, 355 US 41, 45-46, 2 LEd2d 80, 78 SCt 99 [100-02] (1957) (footnote omitted). And in antitrust cases, where ‘the proof is largely in the hands of the alleged conspirators,’ Poller v. Columbia Broadcasting, 368 US 464, 473, 7 LEd2d 458, 82 SCt 486 [491] (1962), dismissals prior to giving the plaintiff ample opportunity for discovery should be granted very sparingly. Hospital Bldg. Co. v. Trustees of the Rex Hosp., 425 U.S. 738, 746, 96 S.Ct. 1848, 1853, 48 L.Ed.2d 338, 345 (1976). ConAgra and Country Skillet take sharp issue with the fact that plaintiffs’ complaint does not place a ConAgra/Country Skillet representative at any conspiracy meeting or telephone conversation where price-fixing was discussed, agreed upon, implemented, etc. However, plaintiffs have alleged that in at least one meeting held in 1984, a Delta Pride representative indicated that Country Skillet, not represented at the meeting, would “go along” with any agreement reached regarding the prices to charge for catfish and catfish products. ConAgra and Country Skillet wage an adamant argument that their alleged linkage to any conspiracy appears only in the form of a hearsay statement; and, plaintiffs’ failure to identify anything more specific, which would indicate more active participation, is fatal to the claims against them. The assertion in plaintiffs’ complaint regarding Country Skillet’s acquiescence to the conspiracy is taken as true. See Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 2232, 81 L.Ed.2d 59, 65 (1984); Thomas v. Smith, 897 F.2d 154, 156 (5th Cir.1989), quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 100-02, 2 L.Ed.2d 80 (1957); Mahone v. Addicks Utility Dist., 836 F.2d 921, 926 (5th Cir.1988); McLean v. International Harvester, 817 F.2d 1214, 1217 n. 3 (5th Cir.1987); Jones v. United States, 729 F.2d 326, 330 (5th Cir.1984). Accepting the allegation as true for present purposes on a motion to dismiss, the court finds that the argument advanced by ConAgra and Country Skillet is not well taken. Such acquiescence, or a “meeting of the minds,” or “conscious commitment to a common scheme” to achieve an unlawful purpose is sufficient linkage to a claim of civil conspiracy. Monsanto Co. v. Spray-Rite Serv. Corp., 465 U.S. 752, 764 n. 9, 104 S.Ct. 1464, 1471 n. 9, 79 L.Ed.2d 775, 786 (1984); U.S. v. Paramount Pictures, Inc., 334 U.S. 131, 142, 68 S.Ct. 915, 92 L.Ed. 1260, 1285 (1948); See 16 Am.Jur.2d Conspiracy § 50 (1979) (elements of civil conspiracy). Obviously, whether or not plaintiffs will be able to prove Country Skillet’s or any other defendant’s involvement in the conspiracy is a separate issue to be saved for another day and time. In summary, the court observes that in order to sustain a claim of a conspiracy in violation of section 1 of the Sherman Act, 15 U.S.C. § 1, plaintiffs will be called upon to prove, (1) that a conspiracy, combination, or agreement (i.e., concerted action) existed, (2) with an aim to restrain trade by suppressing and eliminating competition by fixing prices of processed catfish and catfish products, and that (3) plaintiffs were injured by such.concerted action. Monsanto Co. v. Spray-Rite Serv. Corp., 465 U.S. 752, 761-62, 104 S.Ct. 1464, 1470-1471, 79 L.Ed.2d 775, 783-84 (1984); Purity Products, Inc. v. Tropicana Products, Inc., 702 F.Supp. 564, 570 (D.Md.1988). Accepting the allegations of the complaint as true, as the court is required, plaintiffs have stated a claim upon which relief could be granted if eventually successful in carrying their burden of proof. B. Statute of Limitations Bar & Fraudulent Concealment The defendants’ second component to the motions to dismiss includes an assertion of the affirmative defense of a statute of limitations bar. Plaintiffs’ claims are instituted under section 4 of the Clayton Act, codified at 15 U.S.C. § 15 (Supp.1993). Section 15b presents a four year statute of limitations. “Any action to enforce any cause of action under sections 15, 15a, or 15c of this title shall be forever barred unless commenced within four years after the cause of action accrued.” 15 U.S.C. § 15b (Supp. 1993). Since the first complaint was filed on February 7, 1992, defendants assert that claims which are based on conduct prior to February 1988 should be barred. However, fraudulent concealment tolls the Clayton Act’s statute of limitations. State of Texas v. Allan Construction Co., Inc., 851 F.2d 1526, 1528-29 (5th Cir.1988); In re Beef Industry Antitrust Litig., 600 F.2d 1148, 1169 (5th Cir.1979), reh’g denied, 616 F.2d 569 (5th Cir.), cert. denied, 449 U.S. 905, 101 S.Ct. 280, 66 L.Ed.2d 137 (1980); General Elec. Co. v. City of San Antonio, 334 F.2d 480, 483 (5th Cir.1964); Rinzler v. Westinghouse Elec. Corp., 333 F.2d 719, 720 (5th Cir.1964). In view of the tolling effect of the statute of limitations on the Clayton Act, defendants argue that plaintiffs’ class action complaint does not plead fraud with the particularity required by F.R.C.P. 9(b). “[Ujnless plaintiffs allege fraudulent concealment with the particularity required by Fed.R.Civ.P. 9(b), they cannot avoid the statute of limitations as to those allegations occurring more than four years prior to the initiation of their actions.” In ruling upon a motion to dismiss under Rule 9(b), the court must apply Rule 9(b)’s requirement in harmony with the simplicity of notice pleading as allowed by Rule 8. Craighead v. E.F. Hutton & Co., Inc., 899 F.2d 485, 491 (6th Cir.1990); Cayman Exploration Corp. v. United Gas Pipe Line, 873 F.2d 1357, 1362 (10th Cir.1989); Michaels Bldg. Co. v. Ameritrust Co., N.A., 848 F.2d 674, 679 (6th Cir.1988); Credit & Finance Corp., Ltd. v. Warner & Swasey Co., 638 F.2d 563, 566 (2d Cir.1981). Rule 9(b) does not negate the simplicity and flexibility contemplated by Rule 8, and it would be error to focus on Rule 9(b)’s particularity requirement in a vacuum. Michaels Bldg. Co., 848 F.2d at 679; 5 C. Wright & A. Miller, Fed. Prac. and Proc. Civil § 1298, at 617 (1990). “Rule 9(b) requires that the circumstances of fraud be pled with enough particularity to put the party on notice as to the nature of the claim.” J.C. Wyckoff & Assoc. v. Standard Fire Ins., Co., 936 F.2d 1474, 1489 (6th Cir.1991). The reason for the rule of particularity is to provide fair notice of the substance of the claim so that the defendant may prepare a responsive pleading. Michaels Bldg. Co., 848 F.2d at 679; Ross v. A.H. Robins Co., Inc., 607 F.2d 545, 557 (2d Cir.1979), cert. denied, 446 U.S. 946, 100 S.Ct. 2175, 64 L.Ed.2d 802 (1980); Denny v. Barber, 576 F.2d 465, 469 (2d Cir.1978). Furthermore, the court is guided by a well-reasoned approach which other jurisdictions have taken in similar cases. That is, in cases which implicate corporate or business fraud, plaintiffs cannot be expected to have knowledge of all the details which undergird the alleged fraudulent scheme. Therefore, some relaxation of Rule 9(b)’s particularity requirement is appropriate in instances where such information is in the defendant’s hands or control. Craftmatic Securities Litigation v. Kraftsow, 890 F.2d 628, 645 (3d Cir.1989); Moore v. Kayport Package Express, Inc., 885 F.2d 531, 540 (9th Cir.1989); Michaels Bldg. Co. v. Ameritrust Co., 848 F.2d 674, 680 (6th Cir.1988); DiVittorio v. Equidyne Extractive Industries Inc., 822 F.2d 1242, 1248 (2d Cir.1987); Wool v. Tandem Computers, Inc., 818 F.2d 1433, 1439 (9th Cir.1987). Especially in the early stages of litigation where pleadings are filed before the commencement of diseovery, courts are counseled to exercise caution in granting a motion to dismiss based upon Rule 9(b) where the facts underlying the claims are within the defendant’s control. Michaels Bldg. Co., 848 F.2d at 680; Chambers Development Corp. v. Browning-Ferris Ind., 590 F.Supp. 1528, 1539 (W.D.Pa.1984); Eaby v. Richmond, 561 F.Supp. 131, 137 (E.D.Pa.1983). However, notwithstanding the “relaxed pleading standard” as discussed above, this court finds that plaintiffs have alleged fraudulent concealment with sufficient particularity to meet the challenge posed by defendants’ motions to dismiss under Rule 9(b). The court emphasizes that in this stage, the focus is on the sufficiency of the plaintiffs’ allegations as a matter of pleading. Allegations concerning what the evidence might prove as a matter of law are premature at this juncture. Therefore, the court’s discussion of the doctrine of fraudulent concealment at this point is specifically tailored for an evaluation of the pleadings. The doctrine of fraudulent concealment contains two elements which a plaintiff must prove. First, the defendant concealed the conduct complained of; and, second, despite the exercise of due diligence, plaintiff failed to discover the facts that form the basis of his claim. State of Texas v. Allan Construction Co. Inc., 851 F.2d 1526, 1528 (5th Cir.1988); Jensen v. Snellings, 841 F.2d 600, 607 (5th Cir.1988); In re Beef Industry Antitrust Litig., 600 F.2d 1148, 1169 (5th Cir.1979). It is generally recognized that the statute of limitations is tolled only if the defendant has engaged in affirmative acts of concealment. Allan Construction Co. Inc., 851 F.2d at 1528; Hennegan v. Pacifico Creative Serv. Inc., 787 F.2d 1299, 1302 (9th Cir.), cert. denied, 479 U.S. 886, 107 S.Ct. 279, 93 L.Ed.2d 254 (1986); Berkson v. Del Monte Corp., 743 F.2d 53, 55 (1st Cir.), cert. denied, 470 U.S. 1056, 105 S.Ct. 1765, 84 L.Ed.2d 826 (1985). However, courts dispense with the requirement of an affirmative act of concealment in instances where the underlying wrong is deemed “self-concealing.” In the Fifth Circuit, a self-concealing wrong is one in which, “deception is an essential element for some purpose other than merely to cover up the act.” Allan Construction Co., Inc., 851 F.2d at 1530. In Allan Construction, the court explained the self-concealment doctrine as follows: To steal an antique vase is not a self-concealing wrong; the true owner knows the vase is stolen even if the owner does not know the identity of the thief. On the other hand, to sell a fake vase as if it were an antique is not only fraud, it is a self-concealing wrong. Deception is an essential element of the wrong, and one that is not intended merely to cover up the wrong itself. By contrast, to steal a vase and to replace it with a worthless replica is not self-concealing. The wrong is theft of the vase; the replacement is an act separate from the wrong itself and aimed only at concealing the fact that the real vase has been stolen. Allan Construction Co., 851 F.2d at 1529-30. In order for a price fixing scheme to be successful, it must be kept secret. It is an illegal endeavor, and public knowledge of its existence spoils the plan. Allan Construction Co., 851 F.2d at 1531. However, the sole purpose of the deception is to cover up the illegal act. Thus, the deception is not considered “an essential element of the wrong.” Id. If the deception is not an essential element of the wrong, then it follows that fraudulent concealment is not inherent in every price-fixing scheme. Consequently, the question comes full circle with the need to prove affirmative acts of concealment. In short, we cannot conclude that Congress, in writing the Clayton Act’s four-year statute of limitations, could have intended for the fraudulent concealment doctrine to apply to every price-fixing case. Hence, we reject the State’s contention that because the bid-rigging conspiracy was inherently self-concealing, it need not prove affirmative acts of concealment. State of Texas v. Allan Construction Co., Inc., 851 F.2d 1526, 1531 (5th Cir.1988). Despite the need to prove affirmative acts where the wrong is not “self-concealing,” such proof is no tall order in most price fixing eases. In pleading/proving affirmative acts of concealment in this circuit, it is not necessary for the fraudulent concealment to be wholly separate from the wrong itself. Stated differently, there is no requirement for the acts of concealment to be independent of the conspiracy. Allan Construction Co., 851 F.2d at 1532. Fraudulent concealment can be shown where the acts of concealment are intertwined with the acts of price fixing. Allan Construction Co., 851 F.2d at 1531; Greenhaw v. Lubbock County Beverage Ass’n, 721 F.2d 1019, 1030 (5th Cir.1983). Proof of fraudulent concealment is found with any evidence of efforts designed to keep price fixing activities secret. Allan Construction Co., 851 F.2d at 1532; Greenhaw, 721 F.2d at 1030; 2 Areeda & Turner, Antitrust Law, para. 325d, at 124. Returning now to the facts as alleged in the pleadings for the case sub judice, the court finds that the plaintiffs have alleged a pattern of conduct by the defendants which included face-to-face meetings and telephone calls—all conducted under the cloak of secrecy in furtherance of the conspiracy to fix the price of catfish. Such conduct of clandestine meetings and telephone conversations, if proven, is sufficient to establish the requisite “affirmative acts” of fraudulent concealment. The application of fraudulent concealment is not complete without a discussion of the “due diligence” requirement. In order to avail the doctrine of fraudulent concealment and its equitable tolling of the statute of limitations, the plaintiffs must show that they failed, despite the exercise of due diligence on their part, to discover the facts that form the basis of their price fixing claim. “[T]he statute of limitations is tolled only until such time as the plaintiff, exercising reasonable diligence, could have discovered the facts forming the basis for the claim.” Allan Construction Co., 851 F.2d at 1533. The plaintiffs need not have actual knowledge of the facts before the duty of due diligence arises; rather, knowledge of-certain facts which are “calculated to excite inquiry” give rise to the duty to inquire. Allan Construction Co., 851, F.2d at 1533; In re Beef Antitrust Litig., 600 F.2d 1148, 1171 (5th Cir.1979); Clement A. Evans & Co., Inc. v. McAlpine, 434 F.2d 100, 102 (5th Cir.1970). cert. denied, 402 U.S. 988, 91 S.Ct. 1660, 29 L.Ed.2d 153 (1971). The statute of limitations begins to run once plaintiffs are on inquiry that a potential claim exists. United Klans of America v. McGovern, 621 F.2d 152, 154 (5th Cir.1980); Prather v. Neva Paperbacks, Inc., 446 F.2d 338, 341 (5th Cir.1971). Plaintiffs assert that as soon as the duty of due diligence was triggered, they acted with deliberate speed. Specifically, plaintiffs allege that they learned of the conspiracy only after January 14,1992, when the United States Department of Justice, Antitrust Division, filed an Information against Magnolia Processing alleging conspiracy to eliminate competition in the catfish industry by fixing prices. Hence, plaintiffs argue that prior to January of 1992, they had no knowledge of the combination and conspiracy; and, therefore, a due diligence duty did not arise until that time. In any event, whether plaintiffs’ duty was triggered before or immediately after January 1992, is a question of fact that need not and should not be decided on a motion to dismiss. See Vanderboom v. Sexton, 422 F.2d 1233, 1241 (8th Cir.1970). The court, finds that the pleadings are more than sufficient in this regard. In paragraphs 38 and 39, the plaintiffs assert that because of the secret, conspiratorial nature of defendants’ conduct, plaintiffs and other potential members of the class did not know, and could not have known by the exercise of reasonable diligence, of the price fixing scheme prior to January, 1992. Furthermore, paragraph 40 alleges that when distributors inquired of the processors as to why the price of catfish and catfish products continued to rise in the 1980s, the processors attributed higher prices to increasing kill costs, price increases by farmers, shortages of large fish, and the “off flavor” problem. In conclusion, the court denies defendants’ motions to dismiss in their entirety for the reasons set forth above. The court finds no merit to the motions to dismiss which are based upon Rule 12(b)(6) and 9(b). Plaintiffs have made legally sufficient allegations of a conspiracy and have pled fraudulent concealment with the requisite degree of particularity that the law requires. The undersigned now proceeds with a discussion of plaintiffs’ motion to certify a class. An appropriate Order in regard to the motions to dismiss will accompany this memorandum opinion. PLAINTIFFS’ MOTION TO CERTIFY CLASS Pursuant to Rule 23(a), (b)(2) and (b)(3) of the Federal Rules of Civil Procedure, the named plaintiffs have filed a motion to certify a class action on the behalf of: All purchasers of processed catfish and catfish products in the United States who at any time during the period 1981 through at least 1990 directly purchased processed catfish and catfish products from one or more of the defendants (but excluding from the class defendants, their parents, subsidiaries, affiliates and governmental entities). In support of the motion for class certification, the named plaintiffs have submitted a consolidated memorandum of law with accompanying affidavits and exhibits. Defendants Delta Pride, Farm Fresh, and ConAgra/Country Skillet have each submitted separate memorandums in opposition to plaintiffs’ motion for class certification. Rule 23(a) establishes four requirements for class certification which must be met before consideration of certification under Rule 23(b)(2) or (b)(3). Rule 23, in pertinent part, provides as follows: (a) Prerequisites to a Class Action. One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class. (b) Class Actions Maintainable. An action may be maintained as a class action if the prerequisites of subdivision (a) are satisfied, and in addition: *1» (2) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or (3) the court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the-fair and efficient adjudication of the controversy. The matters pertinent to the findings include: (A) the interest of members of the class in individually controlling the prosecution or defense of separate actions; (B) the extent and nature of any litigation concerning the controversy already commenced by or against members of the class; (C) the desirability or undesirability of concentrating the litigation of the claims in the particular forum; (D) the difficulties likely to-be encountered in the management of a class action. Plaintiffs’ action may be certified as a class action only if the court finds that it meets all requirements of Rule 23(a)(l)-(4), “numerosity,” “commonality,” “typicality,” and “adequacy;” and, Rule 23(b)(3)’s additional requirements of “predominance” of common questions and “superiority” of the class method for the fair and efficient adjudication of the controversy are also satisfied. As a counterpart to plaintiffs’ section 16 claim of the Clayton Act, certification is also sought under (b)(2)—certification for purposes of appropriate injunctive relief with respect to the class as a whole. In ruling upon a motion for class certification, the substantive allegations contained in plaintiffs’ complaint are accepted as true. Blackie v. Barrack, 524 F.2d 891, 901 n. 17 (9th Cir.1975), cert. denied, 429 U.S. 816, 97 S.Ct. 57, 50 L.Ed.2d 75 (1976); In re Energy Systems Equipment Leasing Securities Litig., 642 F.Supp. 718, 724 (E.D.N.Y.1986). However, the court does not delve into the merits of plaintiffs’ substantive claims in ruling upon such a motion. Eisen v. Carlisle & Jacquelin, 417 U.S. 156, 177, 94 S.Ct. 2140, 2152, 40 L.Ed.2d 732, 748 (1974); Transamerican Refining Corp. v. Dravo Corp., 130 F.R.D. 70, 76 (S.D.Tex.1990); In re Energy Systems Litig., 642 F.Supp. at 724; In re Scientific Control Corp. Securities Litig., 71 F.R.D. 491, 505 (S.D.N.Y.1976); Steinmetz v. Bache & Co., 71 F.R.D. 202, 204 (S.D.N.Y.1976). Likewise, a predetermination of the merits of the defense of the suit is also inappropriate. Philadelphia Elec. Co. v. Anaconda American Brass, Co., 43 F.R.D. 452, 458 (E.D.Pa.1968); Siegel v. Chicken Delight Inc., 271 F.Supp. 722, 726 (N.D.Cal.1967); 3B Moore’s Fed.Prac. (MB) para. 23.46. “The invitation to pre-try the case through the vehicle of this motion [class certification] must be respectfully declined....” Siegel, 271 F.Supp. at 726. Rather, the court’s focus on a class certification motion is strictly upon the requirements as articulated in Rule 23. With the exception of the numerosity requirement of Rule 23(a)(1), the various defendants register some objection, in varying degrees, to the remaining elements of Rule 23(a); commonality, typicality, and adequacy. However, the force of defendants’ opposition is found in Rule 23(b)(3)’s requirement that questions of law or fact common to members of the class predominate over questions which would be applicable to individual members (i.e., predominance). Additionally, defendants attack the asserted predominance of a common impact and injury that a price fixing conspiracy in the catfish industry would cause. Beginning with the elements of Rule 23(a)(l-4), the court now examines plaintiffs’ consolidated motion and defendants’ objections. Rule 23(a) Numerosity The requirement of numerosity is fulfilled when the potential class is so numerous that joinder of all members is impracticable. F.R.C.P. 23(a)(1). As noted above, numerosity is the only element of Rule 23(a) which is uncontested. In plaintiffs’ memorandum brief, plaintiffs allege that the direct purchasers of processed catfish and catfish products from the defendants during the period 1981 through 1990, consist of “several thousand” purchasers. Country Skillet and Delta Pride acknowledge that a potential class could include “thousands” of members. Suffice it to say that the potential number of class members is more than sufficient to justify class treatment. Commonality of Fact and Law The second step of Rule 23(a) application calls for an inquiry into whether there are questions of law or fact common to the class. The issue of “commonality” is the target of defendants’ primary opposition to the class certification motion. However, the force of defendants’ opposition is tailored on the “predominance” (or lack thereof) of common questions of fact and law—which is a consideration for 23(b)(3) application, assuming all elements of 23(a) are met. Out of necessity, the court recognizes that any discussion of 23(a) commonality is likely to involve considerable overlap with 23(b)(3). Nonetheless, the court perceives that the issues of “commonality” and “predominance” of common issues are separate considerations which play distinct roles in the class certification process. Plaintiffs’ consolidated complaint alleges’ a conspiracy among the defendant catfish processors with the illegal object of fixing, implementing, and maintaining the prices of processed catfish and processed catfish products at artificial, supracompetitive levels. As a means to this end, it is alleged that defendants participated in various face-to-face, “clandestine” meetings and telephone conversations wherein decisions about price fixing were made, as well as discussions about implementation. Obviously, any proof regarding the existence of meetings, telephone conversations, or any other means of communication, regarding price fixing in the catfish industry would be applicable to the class as proposed by the plaintiffs. Other elements of common proof are a logical extension from the same set of facts, if proven. For example, any evidence which may be introduced concerning the content and substance of discussions and decisions which might have been made at these alleged meetings are of common interest and an important concern to the entire class. It naturally follows that the proof, if any, which might unfold at trial would impact the application of the elements of a section 1 Sherman Act claim in the same manner as to all class members. Therefore, the presence of common questions of law are a direct and logical counterpart to the underlying set of facts in the alleged catfish price fixing scheme. Stated differently, all class members share a unity of interest in how the facts, as such will unfold at trial, will “fit” the law of a Sherman Act violation. Rule 23(a)(2) is satisfied since all the members of a class, as defined by named plaintiffs, have a potential interest in any proof of a concerted action, conspiracy, agreement, etc., with the aim of restraining trade in the catfish industry by fixing the prices of processed catfish and catfish products. Antitrust price fixing conspiracies, by their nature, raise common questions of fact and law about the existence, scope, and effect of the alleged conspiracy. Coleman v. Cannon Oil Co., 141 F.R.D. 516, 521 (M.D.Ala.1992); Davis v. Northside Realty Associates, Inc., 95 F.R.D. 39, 43 (W.D.N.Y.1982); In re Corrugated Container Antitrust Litig., 80 F.R.D. 244, 247 (S.D.Tex.1978); In re Sugar Industry Antitrust Litig., 73 F.R.D. 322, 335 (E.D.Pa.1976). Plaintiffs in this case have alleged a single conspiracy spanning a period of approximately nine years by the major players in the catfish processing industry. If each class member proceeded individually, each would have to prove the existence and impact of the identical conspiracy to fix prices. Obviously, individual actions designed to prove identical elements would completely destroy any notions of judicial economy. Hence, there are common issues of fact and law which favor class certification. Typicality A class action may be maintained only if “the claims or defenses of the representative parties are typical of the claims or defenses of the class.” F.R.C.P. 23(a)(3). The requirement of “typicality” lends itself to considerable overlap with 23(b)(3), commonality, and 23(a)(4), adequacy of the class representatives. 3B Moore’s Fed.Prac. (MB) para. 23.06-2. However, there are some considerations which are exclusively generic to 23(a)(3) typicality. The most prominent consideration is that there is an absence of an adverse interest between the representative parties and other members of the class. Tidwell v. Schweiker, 677 F.2d 560, 566 (7tK Cir.1982), cert. denied, 461 U.S. 905, 103 S.Ct. 1874, 76 L.Ed.2d 806 (1983); Blake v. Arnett, 663 F.2d 906, 913 (9th Cir.1981); Fowler v. Birmingham News Co., 608 F.2d 1055, 1058-59 (5th Cir.1979); Scott v. University of Delaware, 601 F.2d 76, 85 (3d Cir.1979); In re Arthur Treacher’s Franchisee Litig., 92 F.R.D. 398, 425-26 (E.D.Pa.1981). Certainly, typicality does not mean that the claims of class members must be identical. Eisenberg v. Gagnon, 766 F.2d 770, 786 (3d Cir.1985); Komberg v. Carnival Cruise Lines; Inc., 741 F.2d 1332, 1337 (11th Cir.1984), cert. denied, 470 U.S. 1004, 105 S.Ct. 1357, 84 L.Ed.2d 379 (1985); De La Fuente v. Stokely-Van Camp, Inc., 713 F.2d 225, 232 (7th Cir.1983); Kennedy v. Tallant, 710 F.2d 711, 717 (11th Cir.1983); Milonas v. Williams, 691 F.2d 931, 938 (10th Cir.1982), cert. denied, 460 U.S. 1069, 103 S.Ct. 1524, 75 L.Ed.2d 947 (1983); Phillips v. Joint Legislative Committee on Performance and Expenditure Review (PEER) of the State of Mississippi, 637 F.2d 1014, 1024 (5th Cir.1981), cert, denied, 456 U.S. 960, 102 S.Ct. 2035, 72 L.Ed.2d 483 (1982); Coleman v. Cannon Oil Co., 141 F.R.D. 516, 522 (M.D.Ala.1992); Bishop v. New York City Dept. Of Hous. Pres. & Dev., 141 F.R.D. 229, 238 (S.D.N.Y.1992). Beyond the absence of an adverse interest between the representatives and the class members, a claim by a representative party may be deemed “typical” if it is one which should be “reasonably expected” to be raised by members of the proposed class. Technograph Printed Circuits, Ltd. v. Methode Electronics, Inc., 285 F.Supp. 714, 721 (N.D.Ill.1968). Furthermore, in instances wherein it is alleged that the defendants engaged in a common scheme relative to all members of the class, there, is a strong assumption that the claims of the representative parties will be typical of the absent class members. Eisenberg v. Gagnon, 766 F.2d 770, 786 (3d Cir.1985); Cumberland Farms Inc. v. Browning-Ferris Industries, Inc., 120 F.R.D. 642, 646 (E.D.Pa.1988); In re U.S. Financial Securities Litig., 69 F.R.D. 24, 35 n. 12 (S.D.Cal.1975); Frankford Hospital v. Blue Cross of Greater Philadelphia, 67 F.R.D. 643, 646 (E.D.Pa.1975). Defendant Country Skillet/ConAgra asserts that the representative plaintiffs are a diverse assortment of catfish purchasers who are not at all typical of a broad class of absent class members. In essence, Country Skillet asserts that named plaintiff diversity destroys typicality. As the following descriptions demonstrate, the named plaintiffs are a diverse group; however, the court does not accept defendants’ claims that their diversity is a poor reflection of the typical claims of absent class members. State Fish Distributors, Inc., is an Illinois corporation with its principal place of business in Chicago. During the 1980s, State Fish bought an average of 40,000 to 50,000 pounds of processed catfish per week. Purchases were made from ConAgra, Farm Fresh, Delta Pride and Southern Pride. State Fish also buys seafood, but processed catfish filets, nuggets, and processed whole catfish comprise approximately 50%-75% of State Fish’s purchase of fish. State Fish has approximately 10-12 employees, and its customers are primarily restaurants, wholesalers, and retailers in the Chicago area, along with some customers in Detroit. State Fish requires that the processors deliver whole processed catfish with a layer of paper between the fish and the packing ice in order to conserve freshness of the product. American Seafood, Inc., is a New Orleans, Louisiana, food distributor that purchased approximately 1500 pounds of catfish per week, almost exclusively from Delta Pride. American Seafood is a small firm which services New Orleans restaurants, ships, and hotels. American Seafood primarily purchases catfish filets and catfish nuggets. Randle Trout Distributors Inc., is a corporation that has its principal place of business in Renton, Washington. Randle Trout’s customers are located in the Seattle area; and catfish filets, ice packed and frozen, comprise approximately 30%-40% of Randle Trout’s purchases. Randle Trout has purchased almost exclusively from Delta Pride, although it did buy some catfish from Farm Fresh for a brief time. Robert Orr-Sysco Food Services Co., is a Tennessee corporation with its principal place of business in Nashville. Robert OrrSysco, a subsidiary of Sysco Corporation, is a large food service distributor. Robert OrrSysco employs approximately 700 employees and operates out of a 230,000 square foot distribution facility in Nashville. Robert Orr-Sysco markets in a six state area, and several of its customers are institutional purchasers, such as hospitals, hotels, and schools. Other customers include grocery stores, restaurants, and some retail outlets. The bulk of Robert Orr-Sysco’s purchases include frozen whole fish and catfish filets. On an average of twice per week, Robert Orr-Sysco purchased catfish from Delta Pride, ConAgra, and Country Skillet. Robert Orr-Sysco is a large volume purchaser, and it distributes catfish to its customers under some of its own private labels, such as Hermitage and Sysco. The defendant processors package the catfish for Robert OrrSysco under the company’s private label brands, although some catfish products are sold under the processors’ own label. Farm House Food Distributors, Inc., is an Ohio corporation with its principal place of business in Cleveland. Farm House has approximately 35 employees, and its sales are within the Cleveland area. Farm House has purchased frozen filets from Country Skillet, Delta Pride and Farm Fresh. In addition to a wide variety of fish, Farm House’s retail sales also include paper goods, grocery items, poultry and meat. Farm House purchased catfish on a monthly basis, and a substantial volume of its catfish purchases were of “wild” catfish rather than farm raised catfish supplied by the defendants. The court is not persuaded that the diversity which exists among the named plaintiffs should, in some way, diminish or destroy the typicality requirement of Rule 23(a)(3). Collectively, the plaintiffs are typical purchasers, and their diversity can only strengthen their ability to represent absent class members that vary in size, geographical location, and buying patterns. The tailored focus on a typicality inquiry is whether other members of the class have the same or similar injury, whether the action is based on conduct which is not special or unique to the named plaintiffs, and whether other class members have been injured by the same course of conduct. Dura-Bilt Corp. v. Chase Manhattan Corp., 89 F.R.D. 87, 99 (S.D.N.Y.1981). The fact that some distributors bought more catfish than others, that some liked their catfish shipped on a layer of paper, that some catfish products arrived at the distributor under a private label, etc., is not the sort of diversity which destroys typicality. The claims of the named plaintiffs are typical since they are based upon an identical theory of an alleged conspiracy to fix prices in the catfish industry and injury as a consequence thereof. Further, nothing has been brought to the court’s attention which would suggest an antagonistic interest between the named plaintiffs and other class members. There has been general agreement that the existence of varying fact patterns to support the claims of individual class members does not mandate a finding of a lack of typicality, as long as the claims arise out of the same legal or remedial theory. Christy v. Hammel, 87 F.R.D. 381 (M.D.Pa.1980); In re South Central States Bakery Products, supra. Since the claims here are based on what appears to be the identical theory and since there are no demonstrated antagonistic interests between the representative parties and the class members, the typicality requirement is satisfied. In re Alcoholic Beverages Litig., 95 F.R.D. 321, 324 (E.D.N.Y.1982). As noted above, there is nothing in Rule 23(a)(3) which requires named plaintiffs to be clones of each other or clones of other class members. The diversity of named plaintiffs who differ in their methods of operation and conduct is often cited by defendants as an impediment to class certification. However, as long as the substance of the claim is the same as it would be for other class members, then the claims of named plaintiffs are not atypical. See In re Domestic Air Transp., 137 F.R.D. 677, 699 (N.D.Ga.1991) (named plaintiffs’ claims stem from same legal theory as class claims notwithstanding that class members purchased tickets at different prices and according to varying conditions); In re Wirebound Boxes Antitrust Litig., 128 F.R.D. 268, 270 (D.Minn.1989) (where representatives had to prove existence, scope, and impact of alleged nationwide conspiracy, such claims were sufficiently typical of entire class); United Nat. Records, Inc. v. MCA, Inc., 99 F.R.D. 178, 181 (N.D.Ill.1983) (while product diversity might impact amount of recoverable damages, it does not negate typicality since all class members share same claim resulting from alleged conspiracy); In re McDonnell Douglas Corp. Sec. Litig., 98 F.R.D. 613, 619 (E.D.Mo.1982) (typicality is met if claim of named plaintiff arises from same act or course of conduct that comprises basis of claims for other class members); In re Glassine & Greaseproof Paper Antitrust Litig., 88 F.R.D. 302, 304 (E.D.Pa.1980) (“Typicality is not destroyed because a representative’s claim presents a somewhat different factual pattern.”); In re South Central States Bakery Products, 86 F.R.D. 407, 415 (M.D.La.1980) (factual variations do not destroy typicality where all purported class members must establish same elements of price fixing claim; existence, scope, efficacy); Hedges Enterprises, Inc. v. Continental Group, 81 F.R.D. 461, 467 (E.D.Pa.1979) (defendant’s claim that small size of representative plaintiffs firm was atypical in comparison to other “Fortune 500” claimants was meritless); Minnesota v. United States Steel Corp., 44 F.R.D. 559, 566 (D.Minn.1968) (claims of eight, representative parties were typical since proof of conspiracy and price fixing were common to all notwithstanding defendants’ argument that claims were atypical because of diverse methods of procuring and producing fabricated steel). Finding that the claims of the named plaintiffs are typical of other class members, the court now proceeds to 23(a)(4) which provides that the representative parties must fairly-and adequately protect the interests of the class. Adequacy Adequate representation turns upon the qualifications and experience of plaintiffs’ counsel to conduct the litigation and whether the plaintiffs have any interests antagonistic to the class. Wetzel v. Liberty Mut. Ins. Co., 508 F.2d 239, 247 (3d Cir.1975), cert. denied, 421 U.S. 1011, 95 S.Ct. 2415, 44 L.Ed.2d 679; Scholes v. Stone, McGuire & Benjamin, 143 F.R.D. 181, 186 (N.D.Ill.1992); Equal Employment Opportunity Commission v. Printing Industry of Metropolitan Washington, D.C., Inc., 92 F.R.D. 51, 54 (D.D.C.1981). In the case sub judice, there is no serious suggestion that plaintiffs’ attorneys are anything other than very capable, experienced antitrust counsel. Hence, the defendants take aim at the representative parties and argue that the five named plaintiffs are inadequate, poor representatives for the class. Specifically, defendants attempt to demonstrate that the class representatives are “in the dark” about the scope and objectives of this litigation and are mere pawns in the hands of antitrust counsel. In the absence of a full understanding of the litigation’s purpose, defendants assert that the representative parties are poor choices to look out for the interests of their class member colleagues. The court has reviewed the' considerable volume of deposition testimony of the named plaintiff representatives which was submitted with Country SkilleVConAgra’s brief in opposition to the class certification motion. Upon review of the deposition testimony, the court does not accept defendants’ assertions that the named plaintiffs are poor representatives for the class. An antitrust litigant is not expected to appreciate the finer points of the Sherman Act, Clayton Act, or the Federal Rules of Civil Procedure governing class action certification. “To require the class representative to be sophisticated and knowledgeable enough to help counsel in this quest would reduce the class action device, especially in complicated antitrust cases, to an impotent tool.” Chevalier v. Baird Sav. Ass’n., 72 F.R.D. 140, 146 (E.D.Pa.1976). See Hoffman Elec., Inc. v. Emerson Elec. Co., 754 F.Supp. 1070, 1077 (W.D.Pa.1991) (lack of personal knowledge about material facts of securities case is not indicative of inadequate representation); Zinberg v. Washington Bancorp, Inc., 138 F.R.D. 397, 408 (D.N.J.1990) (no requirement pursuant to Rule 23 that named plaintiffs be totally aware of all facts concerning claims in issue); Foltz v. U.S. News & World Report, Inc., 106 F.R.D. 338, 341 (D.D.C.1984) (class representatives are not required to possess detailed knowledge of their lawsuit); Pellman v. Cinerama, Inc., 89 F.R.D. 386, 389 (S.D.N.Y.1981) (plaintiffs unfamiliarity with securities fraud litigation considered “trivial”). Despite defendants’ suggestion to the contrary, the court perceives nothing remarkable about the representatives’ knowledge and understanding of their undertaking as class action representatives in this antitrust suit. Having stated that, the court hastens to add that the undersigned will be monitoring the adequacy of party representation for absent class members as the litigation progress; and, the court will respond accordingly where it perceives instances where active judicial involvement is in the best interest of this litigation. The court is aware of the popular criticism and perception of class action litigation as being a lifeline for legal fees rath