Class action authorized against alleged nationwide cartel that fixed bread prices

Class action lawsuit authorized against a group of food retailers and bread producers

Karim Renno says his recently authorized class action lawsuit against major food retailers and producers accused of fixing the price of bread across Canada is special, because a key player has already admitted to it.

Price-fixing is notoriously difficult to prove in court, the lawyer said in an interview Friday, but in this case, Loblaw Companies and Canada’s Competition Bureau have done a lot of the work.

“What’s extraordinary here is not just the investigation by the Competition Bureau,” Renno said, but we also have affidavits and the evidence. We have specific information from (Loblaw), who said ‘this is how it worked.’ “

On Thursday, Quebec Superior Court Justice Pierre Gagnon authorized a class action lawsuit against a group of food retailers and bread producers, for allegedly having colluded together to fix the price of bread across Canada since 2001.

The lawsuit involves any person, association or partnership residing in Quebec, who bought packaged bread from the defendants, between Jan. 1, 2001 and Dec. 19, 2019 — the date the suit was authorized in court.

Loblaw and its parent company, George Weston Ltd., as well as Metro Inc., Empire Company Ltd. subsidiary Sobeys Inc., Walmart, Giant Tiger Stores Ltd. and Canada Bread Company Ltd., are listed as defendants.

Marie-Claude Bacon, spokeswoman for Metro, said in an email, the company “does not believe that it, or any of its employees, have contravened the Competition Act.

“The authorization judgment is a purely procedural step that does not decide the merits of the case. The company intends to contest this class action on the substantive since it believes it is unfounded.”

Giant Tiger said it has no reason to believe the company or any employees violated the Competition Act.

“We have and will continue to co-operate fully with the Competition Bureau and look forward to seeing the results of the complete investigation,” said Alison Scarlett, director of brand communications in an email.

Jason Patuano, director of communications for Sobeys, said the company sees “no evidence” of any Sobeys involvement. ”We reiterate, yet again, that we have seen absolutely no indication that Sobeys contravened competition law,” he wrote in an email.

Attempts to reach the other defendants for comment were unsuccessful.

The lawsuit, and the green light given to it earlier in the week, were widely expected because Loblaw had come forward in 2015 to the Competition Bureau and admitted to taking part in the scheme. The company also named its alleged accomplices, who are listed as defendants in the case, Renno said.

In 2017, George Weston Ltd. and Loblaw released a statement saying: “The arrangement involved the co-ordination of retail and wholesale prices of certain packaged bread products over a period extending from late 2001 to March 2015. Under the arrangement, the participants regularly increased prices on a co-ordinated basis.”

According to federal law, companies that admit wrongdoing and co-operate with the Competition Bureau are granted immunity from criminal charges or penalties — but they are still liable in civil court.

Renno said evidence from the Competition Bureau’s investigation includes email exchanges and testimony from some of the defendants that demonstrate a co-ordinated plan to raise the price of bread by seven to 10 cents a year.

“We see this in the emails,” Renno said. “We also read how some of (the defendants) complained about another one who wasn’t respecting the deal. They said: ‘I saw the flyer of this store, what’s the story here? How are they not respecting what we agreed to?’ “

The Canadian Press has not been able to verify or review the Competition Bureau’s evidence. Marcus Callaghan, spokesman the bureau, said in an email it is “investigating alleged anti-competitive agreements between competitors — including Canada Bread, Weston Bakeries, Loblaw, Walmart, Sobeys, Metro, and Giant Tiger — to fix the wholesale and retail price of fresh commercial bread in Canada.

“The investigation is ongoing. There is no conclusion of wrongdoing at this time, and no charges have been laid.”

Renno said the alleged price-fixing scheme occurred across the country but his lawsuit is only open to Quebec residents, companies or associations. He said he believes the damages are in the billions of dollars.

Loblaw and George Weston have stated that they discovered the wrongdoing in 2015 and that the employees responsible are no longer employed by them.

Giuseppe Valiante, The Canadian Press

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

RCMP display some of the fish seized from three suspects who pleaded guilty to violating the Fisheries Act in 2019, in this undated handout photo. THE CANADIAN PRESS/HO - RCMP
3 banned from fishing, holding licences after overfishing violations in Gold River area

Mounties seized the group’s 30-foot fishing vessel and all equipment on board at the time

A 3.0-magnitude earthquake occurred off Ucluelet just after 12:30 a.m. on April 10 and was reportedly felt as far south as Oregon. (Map via United States Geological Survey)
Quake off Ucluelet reportedly felt as far south as Oregon

Magnitude 1.5 earthquake also reported off Vancouver Island’s west coast hours earlier

The NIC Foundation’s COVID-19 Student Hope Campaign is still short of its $50,000 goal of providing bursaries for students financially impacted by the pandemic. Image Supplied
NIC Foundation COVID bursary needs help to reach goal

Campaign looks to help students reduce the financial barriers caused by the pandemic

The inside of the Campbell River Community Centre gymnasium has been marked off in order to facilitate the public flowing through the clinic as they receive their COVID-19 vaccination. File photo by Alistair Taylor – Campbell River Mirror
Leftover vaccines go into arms, not down the drain: Island Health

No unused COVID-19 vaccines are going to waste at the end of… Continue reading

B.C. Health Minister Adrian Dix and Premier John Horgan describe vaccine rollout at the legislature, March 29, 2021. (B.C. government)
1,262 more COVID-19 infections in B.C. Friday, 9,574 active cases

Province’s mass vaccination reaches one million people

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

B.C. Premier John Horgan responds to questions during a postelection news conference in Vancouver, on Sunday, October 25, 2020. British Columbia’s opposition Liberals and Greens acknowledge the COVID-19 pandemic has presented huge challenges for Horgan’s government, but they say Monday’s throne speech must outline a coherent plan for the province’s economic, health, social and environmental future. THE CANADIAN PRESS/Darryl Dyck
Horgan’s NDP to bring in throne speech in B.C., Opposition wants coherent plan

Farnworth said the budget will include details of government investment in communities and infrastructure

FILE - An arena worker removes the net from the ice after the Vancouver Canucks and Calgary Flames NHL hockey game was postponed due to a positive COVID-19 test result, in Vancouver, British Columbia, in this Wednesday, March 31, 2021, file photo. As vaccinations ramp up past a pace of 3 million a day in the U.S, the NHL is in a tougher spot than the other three major North American professional sports leagues because seven of 31 teams are based on Canada. (Darryl Dyck/The Canadian Press via AP, File)
Vancouver Canucks scheduled to practice Sunday, resume games April 16 after COVID outbreak

Canucks outbreak delayed the team’s season by eight games

Two-year-old Ivy McLeod, seen here on April 9, 2021 with four-year-old sister Elena and mom Vanessa, was born with limb differences. The family, including husband/dad Sean McLeod, is looking for a family puppy that also has a limb difference. (Jenna Hauck/ Chilliwack Progress)
B.C. family looking for puppy with limb difference, just like 2-year-old Ivy

Ivy McLeod born as bilateral amputee, now her family wants to find ‘companion’ puppy for her

A vehicle that was driven through the wall of a parkade at Uptown Shopping Centre and into the nearby Walmart on April 9 was removed through another hole in the wall later that night. (Photo via Saanich Police Department and Ayush Kakkar)
Vehicle launched into B.C. Walmart removed following rescue of trapped workers

Crews cut new hole in parkade wall to remove vehicle safely

Four members with Divers for Cleaner Lakes and Oceans were out at Cultus Lake on March 28 and 29 hauling trash out of the waters. (Henry Wang)
PHOTOS: Out-of-town divers remove 100s of pounds of trash from Cultus Lake

Members of Divers for Cleaner Lakes and Oceans hauled out 470 pounds of trash over two days

As of Saturday, April 10, people born in 1961 are the latest to be eligible for a COVID-19 vaccine. (Black Press files)
B.C. residents age 60+ can now register to get their COVID-19 vaccine

Vaccine registration is now open to people born in 1961 or earlier

Most Read