Antitrust Law Daily Wrap Up, ANTITRUST—D. Ore.: Fishermen granted TRO to block seafood processor acquisition, (Jan 28, 2015)

By Linda O’Brien, J.D., LL.M.

The federal district court in Medford, Oregon has granted a group of commercial fishermen a temporary restraining order, blocking the acquisition of a large West Coast seafood processing plant by seafood distributor Seafood Pacific Group. The temporary restraining order will remain in effect until the court rules on the plaintiffs’ motion for a preliminary injunction (Boardman v. Pacific Seafood Group, January 23, 2015, Panner, O.).

Jeff Boardman and four other commercial fishermen and fishing vessel operators filed a complaint against multi-state seafood distributor Seafood Pacific Group, asserting claims for monopolization and attempted monopolization in violation of Section 2 of the Sherman Act. Specifically, the plaintiffs alleged that Seafood Pacific would increase their existing monopoly market power in the West Coast markets for trawl-caught groundfish, Pacific whiting, and Pacific coldwater shrimp through the acquisition of Ocean Gold Seafoods, the largest seafood processing plant on the West Coast.

In granting the plaintiffs’ motion for a temporary restraining order, the court prohibited Seafood Pacific from concluding its acquisition of stock, capital assets, or real property from Ocean Gold Seafoods and its affiliated companies. Additionally, Seafood Pacific was required to produce all documents relating to the proposed transaction. Finally, the parties must appear on February 9 to show cause why a preliminary injunction should not issue in accordance with the temporary restraining order.

The case is No. 1:15-108-CL.

Attorneys: Michael E. Haglund, Michael K. Kelley, and Shay S. Scott (Haglund Kelley LLP) for Jeff Boardman, Dennis Rankin, Robert Seitz, Todd L. Whaley, Lloyd D. Whaley, South Bay Wild, Inc., Miss Sarah, LLC, and My Fisheries, Inc.

Companies: South Bay Wild, Inc.; Miss Sarah, LLC; My Fisheries, Inc.; Pacific Seafood Group.

Cases: Antitrust OregonNews