Haglund Kelley Horngren Jones & Wilder LLP
Pacific Seafood Group Class Action Suit

On June 22, 2010, Brookings fishermen Lloyd and Todd Whaley filed a class action antitrust case against Pacific Seafood Group alleging monopolization of the Dungeness crab, shrimp, groundfish and whiting seafood markets on the West Coast. The case was filed in federal court in Medford, Oregon against the 54 companies that make up the Pacific Seafood Group and its owner, Frank Dulcich.

Filed on behalf of all West Coast fishermen and fishboat owners, the case charges Pacific Seafood Group with using a combination of illegal anticompetitive tactics to consolidate market shares of 50% to over 70% in these four markets. With this level of control, Pacific Seafood Group has systematically suppressed the prices paid to fishermen for their catches.

Although we spent many months investigating this case, we believe there is considerable additional evidence of anticompetitive behavior by Pacific Seafood Group which is not detailed in the Complaint.  We want to hear from everyone who has evidence of anticompetitive conduct by Pacific Seafood Group.  Please click the button below to fill out our questionnaire to describe any predatory tactic directed at you or known by you. The information will be placed in our class action database. A lawyer or paralegal from our law firm will follow up after receiving the email questionnaire.

Download a copy of the Complaint

 

The Seven Categories of Anticompetitive Conduct:

The suit seeks treble damages of up to $520 million and charges Pacific Seafood Group with seven categories of anticompetitive conduct.

1. Using multiple tactics to set and enforce low prices paid to fishermen including retaliation against competitor processors who dared to deviate from Pacific's set prices.
2. Outright theft from fishermen by manipulating scales, misreporting actual weights or arbitrarily designating a portion of a delivered catch as an unusable "weighback" which is deducted from the paid poundage even though that fish is processed and sold.
3. Acquiring 18 West Coast seafood-processing plants, some with predatory tactics that set up the acquisition of a vulnerable company for purchase at a bargain price.
4. Widespread use of exclusive dealing and tying arrangements.
5. Restricting the output of the crab, shrimp and groundfish harvests.
6. False representations to the Pacific Fisheries Management Council that have impacted Council decisions.
7. Miscellaneous dirty tricks including illegally targeting threatened fish stocks that was criminally prosecuted by the State of Oregon in 2001 and fraudulently manipulating a delay in the start of the 2005-06 crab season.