Walmart Secures $20M StarKist Tuna Price-Fixing Class Action Settlement

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Walmart has secured a $20.5 million settlement in a consolidated set of class action lawsuits alleging StarKist entered into a conspiracy to fix the price of canned tuna.

Walmart launched a price-fixing class action lawsuit against StarKist, Chicken of the Sea, also known as Tri-Union Sea Foods, and Bumble Bee Foods in 2016.

Their case was later consolidated into multidistrict litigation centralized in California. 

The MDL alleged that StarKist, Chicken of the Sea, and Bumble Bee Foods sought to raise the price of canned tuna, and maintain the higher prices.

StarKist and the other seafood producers have faced criminal allegations related to the alleged canned tuna price-fixing scam. Criminal prosecutors contend that the antitrust conspiracy took place from 2011 to 2013 and are seeking a $100 million fine.

StarKist submitted a guilty plea for one felony charge in the associated criminal litigation – admitting that the company took part in the conspiracy.

Though the details of the StarKist canned tuna price-fixing settlement with Walmart have been kept under wraps, the food maker issued a statement indicating that the total settlement amount came to $20.5 million.

“StarKist is pleased to resolve this matter with our valued customer, Walmart,” StarKist’s attorney noted in a statement announcing the deal. “The resolution is a business-oriented and reasonable one, which sets a benchmark for resolving remaining matters with our other valued customers.”

In addition, StarKist has agreed to cooperate with regulators under the terms of the settlement agreement.

Walmart has also settled with Chicken of the Sea over the canned tuna price-fixing allegations, though the settlement amount was not disclosed.

A variety of grocers also took part in the MDL alleging three major seafood producers engaged in antitrust action to artificially inflate the price of tuna.

The class action lawsuits were initiated after Bumble Bee Tuna and Chicken of the Sea were hit with U.S. Department of Justice subpoenas alleging the companies had violated the Sherman Act with the pricing conspiracy.

The class action lawsuit plaintiffs pointed out that despite the declining popularity of canned tuna, with consumers eating nearly a pound less of average between 2005 and 2013, the price of the product kept rising.

In addition, according to the class action lawsuits, the price of tuna per metric ton had declined during that period as well, from $1,400 per ton in 2005 to $800 by 2015.

The grocers claimed that they and others were strong armed into paying more for the canned good due to the alleged agreement to keep tuna prices high.

Walmart is represented by Neal S. Manne, Vineet Bhatia and Ryan V. Caughey of Susman Godfrey LLP.

The StarKist Canned Tuna Price-Fixing Class Action Lawsuit MDL is In re: Packaged Seafood Products Antitrust Litigation, Case No. 3:15-md-02670, in the U.S. District Court for the Southern District of California.

UPDATE: On Jan. 17, 2020, plaintiffs in a $6.5 million Chicken of the Sea settlement will have to go back to the drawing board after a federal judge denied preliminary approval.