Salmon Direct Purchaser Settlement
In re: Farm-Raised Salmon and Salmon Products Antitrust Litigation
Case No. 19-21551-CIV-ALTONAGA

Frequently Asked Questions

 

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  • You received a notice because your business may have purchased farm-raised Atlantic salmon or products derived therefrom directly from one or more of the Defendants between April 10, 2013 and May 26, 2022.  You have the right to know about your rights or options in the proposed Settlement. 

    The Court in charge of this case is the United States District Court for the Southern District of Florida, Miami Division (the “Court”).  The case is called In Re: Farm-Raised Salmon and Salmon Products Antitrust Litigation, Master File No. 19-21551-CV-ALTONAGA.  It was filed in 2019.

    Plaintiffs Euclid Fish Company; Euro USA Inc.; Schneider’s Fish and Sea Food Corporation; and The Fishing Line LLC―sued on behalf of a proposed Class.  The companies they sued are called the Defendants and they are: Mowi ASA (formerly known as Marine Harvest ASA), Mowi USA, LLC (formerly known as Marine Harvest USA, LLC), Mowi Canada West, Inc. (formerly known as Marine Harvest Canada, Inc.), and Mowi Ducktrap, LLC (an assumed name of Ducktrap River of Maine, LLC); Grieg Seafood ASA, Grieg Seafood BC Ltd., Grieg Seafood North America Inc. (formerly known as Ocean Quality North America Inc.),; Grieg Seafood USA, Inc. (formerly known as Ocean Quality USA Inc.), Grieg Seafood Premium Brands, Inc. (formerly known as Ocean Quality Premium Brands, Inc.); Sjór AS (formerly known as Ocean Quality AS); SalMar ASA; Lerøy Seafood AS and Lerøy Seafood USA Inc.; and Cermaq Group AS, Cermaq US LLC, Cermaq Canada Ltd., and Cermaq Norway AS.

    The notice explains that:

    • The Settlement Class is affected by a proposed Settlement with all Defendants.
    • You have legal rights and options that you may exercise before the Court decides whether to approve the Settlement.
  • Plaintiffs allege that Defendants conspired to fix, raise, and maintain the prices that direct purchasers paid for the Defendants’ farm-raised Atlantic salmon and that, as a result, members of the Class paid more than they otherwise would have.  Defendants deny all liability for this conduct and assert that their conduct was lawful or exempt from the antitrust laws, and that their conduct did not cause injury, among other defenses.  The Court has not decided who is right.  Plaintiffs and Defendants have reached a proposed Settlement to avoid the uncertainties, risks, and costs of further litigation.

  • In a class action lawsuit, one or more persons or businesses called class representatives sue on behalf of others who have similar claims, all of whom together are a “class.”  Individual class members do not have to file a lawsuit to participate in the class action settlement or be bound by the judgment in the class action.  One court resolves the issues for everyone in the class, except for those who exclude themselves from the class.

  • The Court did not decide in favor of either Plaintiffs or the Defendants.  Trials involve risks to both sides; therefore, Plaintiffs and the Defendants have agreed to settle the case.  The proposed Settlement requires Defendants to pay money to members of the Settlement Class.  Plaintiffs and their attorneys believe the Settlement is in the best interests of the Settlement Class.

  • You are a Settlement Class Member if you are a person or entity in the United States, their territories, and the District of Columbia and you or your company purchased farm-raised Atlantic salmon or products derived therefrom directly from one or more Defendants from April 10, 2013 until May 26, 2022. Excluded from the Settlement Class are the Court and its personnel and any Defendants and their parents, subsidiaries, or affiliated companies.

  • If you are still not sure if you are included in the Settlement Class, please review the detailed case information, available on the settlement website.  You may also call the Claims Administrator toll-free at 1-877-540-1084.

  • The Court has appointed Podhurst Orseck, P.A. and Hausfeld LLP as Class Counsel.  Their contact information is provided below.  If you wish to remain a Settlement Class Member, you do not need to hire your own lawyer because Class Counsel is working on your behalf.

    If you wish to pursue your own case separate from this one, or if you exclude yourself from the Settlement Class, these lawyers will no longer represent you.  You may need to hire your own lawyer if you wish to pursue your own lawsuit against the Defendants.

  • You will not have to pay any attorneys’ fees or costs out-of-pocket.  You do not have to pay Class Counsel. Class Counsel have not been paid for their services since this case began.   They will seek an award of attorneys’ fees out of the Settlement Fund, as well as reimbursement for litigation costs they advanced in pursuing the claims. The fees will compensate Class Counsel for investigating the facts, litigating the case, and negotiating and administering the Settlement.  Class Counsel’s attorneys’ fee request will not exceed 30% percent of the Settlement Amount. Any attorneys’ fees and costs awarded are subject to the Court’s approval. Class Counsel’s motion for approval of their fees and costs will be posted at the Important Documents page prior to the deadline for objections.

  • The Defendants will pay a total Settlement Amount of $85,000,000.00 into a Settlement Fund. After deductions for attorneys’ fees, litigation costs, and other expenses (FAQ 10), the Fund will be distributed to Settlement Class Members who submit valid claims.  

  • Settlement Class Members who make a claim will be entitled to receive cash from the Settlement Fund, after deductions for legal fees (not to exceed 30% of the Settlement Amount) and litigation costs; the cost of notice, administration and the distribution of the Settlement proceeds (estimated at approximately $75,000), as well as to pay reasonable Service Awards to each of the four named Class Representatives for their work in the case, if permitted by the Court. The remainder of the Settlement Amount will be distributed via check on a pro rata basis to Settlement Class Members who make a claim based on the number of claims and the volume of commerce represented in those claims. Using an online portal, Settlement Class Members will be able to check their claim volume, and in the event that their own data suggests that a different claimed volume of commerce is appropriate, they can provide that information, and it will be considered by the Claims Administrator, subject to audit. 

    To the extent there are any undistributed funds following an initial distribution to Settlement Class Members, the Claims Administrator, upon the recommendation of Class Counsel and approval by the Court, will either make subsequent distributions to Settlement Class Members, or, if it is infeasible to do so in light of the amount of undistributed funds and the costs of Administration, will distribute those funds to the Court by Direct Purchaser Plaintiffs for cy pres distribution.

  • You should have completed and submitted a timely Claim Form to be eligible to receive a payment from the Settlement.  The deadline to file a claim was September 23, 2022, and has passed. 

  • Payments will be made to Settlement Class Members who submit valid and timely Claim Form after the Court grants “final approval” to the Settlement and after all appeals are resolved.  If the Court approves the Settlement, there may be appeals.  It is always uncertain whether these appeals can be resolved and resolving them can take time. Please be patient.

  • Unless you excluded yourself, you are staying in the Settlement Class.  By staying in the Settlement Class, you cannot sue, continue to sue, or be part of any other lawsuit against Defendants that makes claims based on the same legal issues alleged or could have been alleged in this case.  All Court orders will apply to you and legally bind you. The Released Claims are detailed in the Settlement Agreement, available at the Important Documents page.

  • If you do nothing, you will not get a payment from the Settlement.  Unless you excluded yourself, you cannot sue, continue to sue, or be part of any other lawsuit against Defendants that makes claims based on the same legal issues alleged or could have been alleged in this case.  All Court orders will apply to you and legally bind you.

  • Excluding yourself or opting out of the Settlement Class means you remove yourself from the Settlement and its benefits and releases. 

  • If you had wanted to exclude yourself from the Settlement, you could have submitted a request for exclusion on or before July 11, 2022. Requests for exclusion should have been submitted by mailing a letter to the Settlement Administrator. The deadline to exclude yourself from the Settlement was July 11, 2022, and it has passed. 

  • If you are a Class Member, you could have objected to the Settlement if you didn't like any part of it. You could have given reasons why you think the Court should not approve it. If you had wanted to object, you should have filed a letter with the Court, and delivered a copy to Class Counsel and Defendant's Counsel on or before July 11, 2022.

    Additionally, if you had wanted to appear and speak at the Final Approval Hearing to object to the Settlement, with or without a lawyer, you should have said so in your letter. 

    The deadline to object to the Settlement was July 11, 2022 and it has passed.

  • Objecting is telling the Court that you do not like something about the Settlement.  You can object only if you do not exclude yourself from the Settlement.  If you excluded yourself from the Settlement, you have no standing to object because the Settlement no longer affects you.

  • The Court held the Fairness Hearing at 9:00 a.m. on September 8, 2022 at the United States District Court for the Southern District of Florida, Wilkie D. Ferguson, Jr. United States Courthouse, 400 North Miami Avenue, Room 13-3, Miami, Florida 33128.  At the hearing, the Court considered (i) whether the proposed Settlement should be approved as fair, reasonable, and adequate to Settlement Class Members; and (ii) whether to approve any application by Class Counsel for an award of attorneys’ fees and payment of costs and expenses, and any Service Awards to the named Class Representatives. The Court decided to approve the Settlement and a copy of the order can be reviewed on the Important Documents page here

  • For more detailed information about the case, visit the Important Documents page or contact the Claims Administrator:

    Salmon Direct Purchaser Settlement
    c/o JND Legal Administration
    P.O. Box 91447
    Seattle, WA 98111
    info@SalmonDirectPurchaserSettlement.com
    1-877-540-1084

    PLEASE DO NOT CONTACT THE COURT FOR INFORMATION.

For More Information

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Mail
Salmon Direct Purchaser Settlement
c/o JND Legal Administration
P.O. Box 91447
Seattle, WA 98111