Canada Class Action Alleges Salmon Price-Fixing Scheme

More than a dozen salmon producers and distributors were hit with a class action lawsuit in Canada, accusing them of conspiring to fix the global prices of salmon.

Plaintiff Irene Breckon of Ontario filed the salmon price-fixing class action lawsuit on Jan. 3, accusing the defendants and unnamed co-conspirators of raising the global prices of salmon through manipulation.

This alleged salmon price-fixing scheme increased the prices of salmon sold by the defendants as well as all salmon sold in North America.

According to the salmon price-fixing lawsuit, Atlantic salmon commands a high market value. Atlantic salmon also grows well in sea cages and adapts to being farmed away from its native habitats, making it well-suited to farming. For these reasons, Atlantic salmon is the species of salmon that is most commonly commercially farmed.

Canada is one of the few locations around the world that farms Atlantic salmon and is the fourth-largest producer of farmed salmon in the world, Breckon says in the salmon price-fixing class action lawsuit.

Breckon claims the defendants and unnamed co-conspirators control the Canadian salmon market through their market share, and that they colluded to manipulate the global and North American prices of salmon.

According to the salmon pricing conspiracy class action lawsuit, the defendants engaged in anticompetitive conduct by agreeing to coordinate price adjustments for salmon sold globally, and by selling salmon for the agreed-upon prices. They also allegedly allocated the supply of salmon sold globally, accepting payment at supracompetitive prices.

Breckon also accuses the defendants of taking steps to conceal their conduct in furtherance of the salmon price-fixing scheme. She says this conduct violates Part VI of the Competition Act.

The defendants are already being investigated for antitrust violations, according to the salmon price-fixing lawsuit. The European Commission reportedly carried out unannounced inspections in February 2019 at several of the defendants’ premises, including Mowi ASA, Grieg Seafood ASA Lerøy Seafood Group ASA and SalMar.

The Antitrust Division of the U.S. Department of Justice reportedly opened a criminal investigation into the alleged salmon price-fixing conspiracy in November 2019.

Because salmon is not exempt from competition regulation, Breckon says she expected the salmon industry to be a competitive one and did not think she needed to be suspicious about salmon pricing.

As a result of this alleged salmon price-fixing conspiracy, Breckon says that she and other putative Class Members paid higher prices for salmon and salmon products than they would have paid if not for the price-fixing conspiracy. She seeks up to $500 million in damages.

Breckon seeks to represent herself and a proposed Class of all persons in Canada who purchased farmed Atlantic salmon and products derived from farmed Atlantic salmon since July 1, 2015.

Did you purchase farmed Atlantic salmon in Canada? Let us know in the comments below.

The plaintiff is represented by Jean-Marc Leclerc and Mohsen Seddigh of Sotos LLP.

The Salmon Price-Fixing Class Action Lawsuit is Irene Breckon v. Grieg Seafood ASA, et al., Case No. T-8-20, in Canada Federal Court.

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