By Jonathan Stempel
NEW YORK, Sept 30 (Reuters) – A federal judge dismissed a class-action lawsuit accusing Fresh Del Monte Produce Inc of violating antitrust law by using monopoly power to charge excessive prices on a sweet variety of pineapple.
Wednesday’s ruling by U.S. District Judge Richard Berman rejected claims brought on behalf of retailers such as Publix Super Markets and Whole Foods Market Inc, as well as consumers, who bought the “Fresh Del Monte Gold” pineapples beginning in 1996.
The plaintiffs complained that Del Monte Fresh Produce Co, a unit of Fresh Del Monte, issued false and misleading “threat letters” to competitors that said its extra-sweet pineapple, described in court papers as “revolutionary,” was patented. They also said Del Monte threatened lawsuits against rivals that tried to sell the fruit and began “sham patent litigation,” in order to thwart competition and charge “supracompetitive prices for the Gold pineapples.”
Among those rivals alleged targeted by Del Monte were Dole Food Co and Maui Land & Pineapple Co, court papers show.