BENTON — Bayer and other crop input manufacturers and retailers are facing a suit alleging antitrust violations.
Keith Lyle Bailey, individually and as trustee of the Effie Bailey Land Trust on behalf of themselves and all others similarly situated, filed a complaint May 27 in the U.S. District Court for the Southern District of Illinois against Bayer Cropscience LP, Corteva Inc., Nutrien Ag Solutions and others, alleging antitrust violations and other claims.
The plaintiffs allege in their complaint that the defendants are major manufacturers and wholesalers of crop protection chemicals including fungicides, herbicides, insecticides and seeds. The suit alleges the defendants have illegally blocked access to a farmer network and e-commerce platform known as the Farmers Business Network (FBN). They specifically allege the defendant manufacturers attempted a boycott of FBN and that "strict penalties" have been placed on retailers who make sales to the FBN in an effort to keep the defendants in a "dominant market" position. The plaintiffs also allege the defendant manufacturers "lack pricing and industry transparency" and also use "seed relabeling" to sell products to farmers at higher prices.
The plaintiffs seek monetary relief, trial by jury and all other just relief. They are represented by Thomas Sobol, Lauren Guth Barnes and Abbye Ognibene of Hagens Berman Sobol Shapiro LLP in Cambridge, Mass., Daniel Kurowski of Hagens Berman Sobol Shapiro LLP in Chicago and James Dugan, II, David Scalia and TerriAnne Benedetto of The Dugan Law Firm in New Orleans.
U.S. District Court for the Southern District of Illinois case number 3:21-CV-00512