Antitrust Law Daily Wrap Up, ANTITRUST NEWS: Justice Department agrees to terminate final judgment in lobster price fixing action, (Jun 30, 2014)

The Department of Justice Antitrust Division has agreed to terminate a final judgment entered in 1958 against a fishing industry association for conspiring to fix prices of lobsters sold to dealers.

In 1957, the Justice Department filed a complaint in the federal district court in Portland against the Maine Lobstermen’s Association (U.S. v. Maine Lobstermen’s Association, Case No. 2:57-cv-00076), alleging that the Association and its members engaged in a conspiracy to fix prices and suppress competition for live Maine lobsters sold to lobster dealers. The final judgment entered in 1958 sought to restore competition in the lobster industry by prohibiting price fixing among Association members. The Association filed a stipulation between the parties, proposed order, and memorandum in support of its unopposed motion to terminate the final judgment on June 25.

The Association asserts in its motion that the termination of the final judgment is in the public interest. The lobster industry has changed significantly since the entry of the judgment. The Association no longer has any involvement in the commercial harvest, sale, or distribution of lobster. The Association currently is dedicated to advocacy for a sustainable lobster resource.

The final judgment has accomplished its purpose of restoring competition in the lobster industry, and its members remain bound by federal antitrust laws. Moreover, the final judgment may be deterring the Association from engaging in legitimate, lawful advocacy and educational efforts related to fisheries management regulations.

Finally, the Association has published several notices in two separate publications of its intent to terminate the 1958 final judgment. The notice first appeared in May 2011 and republished in February 2014. Along with a press release in 2012, the Association has provided sufficient public notice and opportunity to comment on the pending motion to terminate the final judgment.

News: Antitrust MaineNews