NOTE: This website provides information for direct purchasers of Packaged Tuna Products. If you purchased Packaged Tuna Products between June 1, 2011 and July 31, 2015, but not directly from the Defendants, please visit www.TunaEndPurchaserSettlement.com.
What is this lawsuit about?
Direct Purchaser Plaintiffs allege that Defendants Tri Union Seafoods LLC d/b/a Chicken of the Sea International (“COSI”),Thai Union Group PCL (“TUG”), Bumble Bee Foods LLC (“Bumble Bee”), StarKist, DWI, and Lion Capital LLP, Lion Capital (Americas), Inc., and Big Catch Cayman LP (collectively, the “Lion Companies”) conspired to fix, raise, and maintain the prices that direct purchasers paid for Packaged Tuna and that, as a result, members of the Class paid more than they otherwise would have. Defendants have denied all liability for this conduct and/or assert that their conduct was lawful or exempt from the antitrust laws, or that their conduct did not cause injury, among other defenses. The Court has not decided who is right.
The Direct Purchaser Plaintiffs previously reached a settlement with COSI and TUG (“COSI/TUG Settlement”). That settlement is now final. Bumble Bee went bankrupt. Proposed Settlements have been reached with StarKist, DWI, and the Lion Companies (collectively, the "Settling Defendants"). While the Settling Defendants deny all allegations, they have agreed to settle this action to avoid the uncertainties and risks of further litigation.
Am I part of the Settlement Class?
You are a Settlement Class Member if you or your company directly purchased Packaged Tuna Products (excluding tuna salad kits and cups and salvage purchases) within the United States, its territories and the District of Columbia from any Defendant at any time between June 1, 2011 and July 31, 2015. Packaged Tuna Products means shelf-stable tuna sold for human consumption and packaged in either cans or pouches. Excluded from the Settlement Class are all governmental entities; Defendants and any parent, subsidiary, or affiliate thereof; Defendants’ officers, directors, employees, and immediate families; and any federal judges or their staffs. Also excluded from the Class is any person or entity that was excluded from the Class, in whole or in part, pursuant to the Court’s Order in this Action at ECF No. 3097, which incorporates the list of entities at ECF No. 3095-1.
If you are a Settlement Class Member and have not previously released your claim against one or more of the Settling Defendants, you will be eligible to participate in benefit distributions to qualified Settlement Class Members if you submit a valid claim. By filing a claim, you will be bound by the results of the proposed Settlements. If you are an eligible Settlement Class Member and you previously submitted a claim in connection with the COSI/TUG Settlement, you do not need to submit another claim. Your prior claim submission will be used to calculate your benefits with respect to benefits from these Settlements.
What do the proposed Settlements provide?
If the proposed Settlements are approved, the Settling Defendants will pay a total of $38,650,000 in cash, and StarKist will also provide StarKist-branded products on StarKist’s national price list in effect on the date that an order is placed valued at $26,100,000 for distribution to Class Members with valid claims. Settlement Class Members with valid claims will receive both a cash payment and a right to order their pro rata share of products contained on StarKist’s then current national price list, which will allow you to order Packaged Tuna Products or any other product that is then available on that price list. You must place your first order for StarKist Products within 180 days after the Final Approval of the StarKist and DWI Settlement or 90 days after the Claims Administrator provides StarKist with the pro rata allocation of the Product Component of the Settlement, whichever is later. The period in which to use your full product allocation is 3 years following Final Approval of the StarKist and DWI Settlement or following ninety (90) days after the Claims Administrator provides StarKist with the pro rata allocation of the Product Component of the Settlement, whichever is later. Your portion of the allocation may not be transferred to another party prior to product delivery to your warehouse. All orders of StarKist Products will be subject to StarKist’s standard terms and conditions for product orders. Finally, you must order product in truck-sized orders, or take the entirety of your product allocation (if less than a truckload of product remains available to you) in order to qualify for free shipping and handling. Any claimant may elect to donate its share of StarKist Products to Feeding America, Feed the Children, or other designated food bank, hot meal program, or 501(c)(3) cy pres recipient agreed to by the Parties and approved by the Court by informing StarKist in writing of its desire to exercise this option.