Jan 29 (Reuters) - Pesticide manufacturers Syngenta and
Corteva ( CTVA ) must face parts of a class action accusing the
agricultural industry giants of using a loyalty program to
stymie competition with rivals and keep prices artificially high
for farmers, a federal judge in North Carolina has ruled.
U.S. District Judge Thomas Schroeder in a decision on
Tuesday said farmers from California, Illinois, Florida, Texas
and five other states who sued the companies can proceed for now
with some claims under federal and state laws.
Schroeder said the farmers can seek an order to force the
pesticide makers to end their allegedly anti-competitive
conduct. The judge cut a federal antitrust damages claim, but
the farmers could be eligible for compensation under some state
law claims remaining in the litigation.
Syngenta and lawyers for the plaintiffs declined to comment,
and Corteva ( CTVA ) did not immediately respond to a request for one.
The farmers' lawsuit alleged Syngenta and Corteva ( CTVA ) used
loyalty agreements and rebate programs with distributors to
block generic manufacturers from making inroads into the market.
That allowed the companies to charge higher prices, according to
the farmers. Syngenta and Corteva ( CTVA ) have denied the claims.
The lawsuit mirrors a case being pursued by the FTC and a
group of states, including California, Texas, Indiana and
Illinois. The alleged exclusive-dealing scheme has caused
farmers to overpay annually by "many millions," according to the
FTC.
Schroeder of the federal court in Winston-Salem, North
Carolina, in a ruling last year said the government litigation
could move ahead.
Syngenta and Corteva ( CTVA ) had argued the farmers had not shown
how they were harmed, since they said they buy products from
distributors and retailers and not from the manufacturers.
The case is In Re: Crop Protection Products Loyalty Program
Antitrust Litigation, U.S> District Court for the Middle
District of North Carolina, No. 1:23-md-3062.
Read more:
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Syngenta, Corteva ( CTVA ) must face FTC lawsuit over pesticide
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