April 9 (Reuters) - Four European and American fragrance
makers have asked a U.S. judge to dismiss lawsuits accusing them
of conspiring to artificially inflate prices of ingredients that
are used to make cosmetics, cleaners and other household
products.
The companies - Switzerland-based Givaudan and Firmenich,
which is merging with Dutch chemicals group DSM; U.S.-based
International Flavors & Fragrances ( IFF ) and Germany's Symrise - in a
filing said the lawsuits filed last year in New Jersey failed to
show they agreed to fix prices.
The plaintiffs include "direct" fragrance ingredient
purchasers such as Pennsylvania-based Keystone Candle Company
and "indirect" ones like retailer Alexia Viola Napa Valley,
which bought fragrances from sources other than the defendants.
Retail consumers have also separately brought similar claims.
The fragrance makers argued in their Monday filing that the
direct and indirect purchaser plaintiffs did not identify "a
single instance of an actual agreement, any person who allegedly
participated in one, or where or how the alleged conspiracy
formed and operated," calling their claims "threadbare."
Attorneys for the plaintiffs groups did not immediately
respond to requests for comment on Tuesday.
Representatives from Givaudan, Firmenich, International
Flavors & Fragrances ( IFF ) and Symrise either had no immediate comment
or declined to comment. Symrise said in August it believed the
EU search was unlawful and has challenged it.
At least nine lawsuits against the fragrance makers were
filed in U.S. court by late July, after Swiss and other
antitrust authorities revealed a cartel investigation in March
2023. The European Commission said antitrust authorities had
raided Symrise, Givaudan and Firmenich.
The U.S. lawsuits contend the companies conspired to divide
up the production of synthetic and natural ingredients used to
make fragrances in products such as detergents, cosmetics and
perfumes.
The plaintiffs said in court filings that the defendants'
sale of fragrance products in the U.S. was a multibillion-dollar
industry.
They alleged the companies began conspiring to fix prices
beginning in at least 2018 as a way to respond to a rise in the
cost of raw materials used to make fragrance products.
The defendants in Monday's filing said they engaged in
"ordinary" business conduct such as gathering competitive
intelligence and attendance at trade associations.
The cases are Fragrance Direct Purchaser Antitrust
Litigation, U.S. District Court, District of New Jersey, No.
2:23-cv-02174-WJM-JSA; Fragrance Indirect Purchaser Antitrust
Litigation, same court, No. 2:23-cv-03249-WJM-JSA; and Fragrance
End-User Plaintiff Antitrust Litigation, same court, No.
2:23-cv-16127-WJM-JSA
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