Source: National Agricultural Law Center
A coalition of farmers have filed an amended complaint in an antitrust lawsuit, alleging that pesticide manufacturers Syngenta and Corteva utilized “loyalty programs” to block generic pesticide producers from competing in the market, forcing farmers to pay higher prices. The plaintiffs claim that Syngenta and Corteva entered into exclusionary contracts with distributors and retailers who were required to purchase a majority of their products containing active ingredients produced by Syngenta and Corteva.
Although the court recently denied defendants’ motion to dismiss the case, it also eliminated the possibility of awarding treble (or triple) damages. Treble damages are used in antitrust cases as a punitive measure to discourage similar future behavior.
A similar ongoing lawsuit was filed by the Federal Trade Commission and ten state attorneys general against Corteva and Syngenta in 2022. The complaint and other documents related to that case are available here through the FTC’s website.
