Feb 20 (Reuters) - Pesticide manufacturers Syngenta and
Corteva ( CTVA ) must face a lawsuit from the state of Arkansas accusing
them of suppressing competition for pesticide sales and keeping
prices artificially high, a federal judge has ruled.
U.S. District Judge Brian Miller in Little Rock, Arkansas,
said the state can pursue its claims that loyalty programs run
by Syngenta and Corteva ( CTVA ) that provide rebates for pesticide
purchases violate federal and state antitrust and
consumer-protection laws.
Arkansas' lawsuit claimed Syngenta and Corteva ( CTVA ) are paying
pesticide distributors or retailers to restrict their purchase
of generic crop-protection products that contain specific
ingredients.
The lawsuit said distributors and retailers fear losing
their loyalty payments and so have no incentive to sell more
generics.
Syngenta and Corteva ( CTVA ) did not immediately respond to requests
for comment. They have denied any wrongdoing.
In a statement, Arkansas Attorney General Tim Griffin, a
Republican, said the state "has legitimate claims against the
anticompetitive rebate programs" of Syngenta and Corteva ( CTVA ) and
will seek to "hold companies accountable for practices that harm
the market and ultimately consumers."
Syngenta and Corteva ( CTVA ) in seeking dismissal of the state's
lawsuit said their rebate programs lowered prices and denied
they are anticompetitive.
They also said the state should have been barred from
bringing antitrust claims on behalf of consumers.
Miller said the state had sufficiently alleged Arkansas
residents were paying higher prices for pesticide products based
on the claimed anticompetitive conduct.
Syngenta and Corteva ( CTVA ) are fighting other lawsuits challenging
their loyalty programs.
In January, U.S. District Judge Thomas Schroeder in the
Winston-Salem federal court said the companies must face some
antitrust claims lodged by farmers in California, Texas, Florida
and other states.
Schroeder last year also said that a related U.S. Federal
Trade Commission lawsuit, filed with a bipartisan group of U.S.
states, could move forward.
The case is State of Arkansas v. Syngenta Crop Protection AG
et al, U.S. District Court for the Eastern District of Arkansas,
No. 4:22-cv-01287-BSM.
For Arkansas: Arkansas Attorney General Tim Griffin; Brian
Reddick of Reddick Law; Stuart Davidson of Robbins Geller Rudman
& Dowd; and W. Mark Lanier of The Lanier Law Firm
For Syngenta: David Toscano of Davis Polk & Wardwell
For Corteva ( CTVA ): David Marriott of Cravath, Swaine & Moore
Read more:
Syngenta, Corteva ( CTVA ) must face part of farmers' antitrust
lawsuit over pesticide prices
Bayer, others defeat US farmers' chemical price-fixing
lawsuit
US states flex new power to steer antitrust lawsuits
Syngenta, Corteva ( CTVA ) must face FTC lawsuit over pesticide
'loyalty programs