Tesco launches its own 'price-fixing' lawsuit against the salmon farmers

The Tesco action, described as an “antitrust” suit, appears to be separate from that taken by a number of other large UK’s retailers last year, involving Asda, Iceland, Wm Morrison, Marks and Spencer, Aldi, Ocado and the Co-operative Group. Distributor International Seafoods, part of the Wm Morrison group, also joined in this earlier claim.

The Tesco action was filed in the London High Court on Wednesday this week. It names SalMar, Leroy, Scottish Sea Farms, Grieg, Cermaq, Bremnes and its distribution arm Sjor, says MLex.

Norway’s “big six” farmers have been facing price collusion allegations on a number of fronts over the past three years. They all strongly deny the claims.

But in 2023 they made out of court settlements on broadly similar claims from the United States and Canada which collectively cost them around US $90m (just over £70m).

Just why Tesco have gone it alone from the six other UK retailers is not yet clear. Earlier this month, in a hearing as part of the earlier lawsuit, lawyers for the salmon companies argued that the cartel allegations are beyond UK jurisdiction.

They said the UK’s Competition Appeals Tribunal does not have the remit to hear a case that relates to alleged price-fixing in Norway, according to lawyers for the salmon companies defending a claim by some of the UK’s leading retailers.

The salmon companies are also facing price collusion claims from the European Commission, with some of them relating to Norwegian firms, who are claiming more than £380m, in Scotland when the UK was part of the European Union.

If found liable by the European competition authorities, the salmon producers face being fined up to 10% of their annual global turnover.