Potatoes being harvested for frozen potato products

Potato Cartel Lawsuit

Who's involved, Whats alleged, and lawsuit updates.

Consumer Potato Cartel Class Action Lawsuit incoming

 A gavel on a bench representing the incoming potato cartel lawsuit

McCain Foods Ltd., Cavendish Farms Corp. and Lamb-Weston sued in potato cartel lawsuit.

These companies have been named in a lawsuit that was filed in Chicago federal court by Redner's Markets Inc. A consumer class action lawsuit in the same court addressing similar concerns is also in the works.

The four companies named in the lawsuit have been accused of a price fixing scheme that allegedly started as early as January 2021. For those of you who aren't aware a price fixing scheme is an illegal practice where companies or businesses agree to set prices at a certain level instead of allowing market forces to determine the price. This leads to consumers paying more than they should for goods or services as the involved companies are not competing honestly.

This is a particularly egregious case since the accused companies are massive international corporations that significant market power and influence. Considering these companies have such a large market share smaller companies are unable to compete due to economies of scale. This leads consumers to be dependent on the prodcuts manufactured by the accused.

Potatoes being harvested

The frozen Potato Product Oligopoly

According to a research paper completed by Ani L. Katchova, Ian M. Sheldon and Mario J. Miranda, The "frozen-potato sector, which is dominated by frozen French fries production, the four-firm concentration ratio is reported to be 80%". The largest firm in this industry is Lamb-Weston. Lamb-Weston has an estimated market share of over 20%. These firms sell primarily to to giants such as McDonalds and Burger King.

The issue with such high concentration in an industry is that it leads to a lack of competition. This reduces the pressure on companies to innovate or offer better prices, which ultimately harms consumers. For example, if one company sets high prices, others tend to follow suit, leading to inflated costs across the board. This is particularly evident in the potato sector, where the economy of scale of these massive corporations make it difficult for new or smaller producers to enter the market and compete fairly.

potatos in a bag

Soaring Costs

The cost of frozen potato products increased by roughly 50 percent from 2022 - 2024, despite input costs declining by 33% during that same time period. This gap between input costs and prodcut prices was used to support the claims of price fixing by the defendants. In a free and competitive market a significant drop in input prices should lead to lower prices for the consumers. This suggests that the companies involved deliberately maintained these elevated prices.

As consumers, we should be able to trust that the prices we pay for everyday products, like frozen potatoes, are determined by the natural forces of supply and demand. However, when large companies manipulate prices to suit their own financial interests, it distorts the market and harms the average consumer. It's crucial that consumers understand how these practices affect their wallets and advocate for a more competitive market.

French fries made from frozen potato product

National Potato Council

All four companies that have been accused belong to the National Potato Council which markets itself as the "advocate for the economic well-being of potato growers on federal legislative, regulatory, environmental, and trade issues." So essentially it's a lobbiest group that pretends to act on the behalf of consumers and farmers but in reality it was used as a forum for these corporations to conspire and line thier pockets at the expense of farmers and consumers.

The National Potato Council claims to support the interests of potato growers and industry stakeholders, but it is alleged that it has been used to shield the large corporations from scrutiny and lobby on their behalf. This has raised serious questions about the true role of the council and its influence on agricultural policies. If the lawsuit succeeds, it could have far-reaching implications not just for the potato industry, but for lobbying practices in general, highlighting the need for greater transparency and accountability.