2 min read

ROCKLAND (AP) – Settlements by three companies in the price-fixing lawsuit against Maine’s largest wild blueberry processors were approved Friday.

A fourth processor promised to appeal the case to the Maine Supreme Judicial Court.

Superior Court Justice Joseph Jabar signed an order dismissing the class-action complaint filed by Maine’s 500 blueberry growers against Cherryfield Foods Inc. of Cherryfield, Jasper Wyman & Son of Milbridge, and Merrill’s Blueberry Farms of Ellsworth.

“It’s a pleasure on my part to have been part of this very complicated case,” Jabar said. “I saw the financial statements of the companies during the trial and there was always the risk of bankruptcy if the $56 million award had stuck.”

Allen’s Blueberry Freezer of Ellsworth, the fourth company in the case, was the only party arguing against the settlements.

At a preliminary hearing on May 21, Jabar tentatively approved settlements for Cherryfield Foods of $2.5 million, Wyman’s of $1.5 million and Merrill’s of $85,000.

In addition to cash payments, Cherryfield Foods and Wyman’s have set up guarantees of minimum prices they will pay to growers over the next five years.

Allen’s attorney, Robert Keach, argued that arranging prices in advance is akin to price fixing and that the marketplace would be hurt if the two biggest processors, Cherryfield Foods and Wyman’s, pay a price that Allen’s would be forced to match.

“Either that, or we will have to become a smaller company, working on our own and not being able to purchase from growers,” Keach told the judge. “You should not find this transaction to be lawful.”

Growers’ attorney William Robitzek said he expected settlement discussions with Allen’s to continue.

“This is the end of a chapter today, but not the end of the process by any means,” Robitzek said.

Comments are no longer available on this story