Chocolate conspiracy charge prompts deal
Last Updated: Saturday, June 12, 2010 | 10:40 AM PT
CBC News
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Cadbury has offered a settlement in an alleged price conspiracy case against the company and a number of its competitors in Canada. (CBC)The B.C. Supreme Court has issued a ruling that could bring Canadian chocolate lovers a step closer to compensation from the country's major candy manufacturers.
The court ruled Friday to allow a settlement agreement as part of a class action lawsuit against Nestle Canada Inc., Hershey Canada Inc., Mars Canada Inc., and Cadbury Adams Canada Inc.
An investigation by Canada's Competition Bureau has alleged a conspiracy among the manufacturers to artificially inflate the price of chocolate bars sold from 2001 to 2008.
In exchange for providing information against the other companies, Cadbury Adams, along with its distribution company, Itwal Ltd., offered a settlement worth nearly $6 million.
Cadbury's offer is a good deal, according to Luciana Brasil, a Vancouver lawyer involved in the class action.
Settlement challenged
"We were able to negotiate a very favorable settlement," said Brasil. "If we're able to ultimately resolve all the claims against the other parties, then all [plaintiffs in the class action] are going to potentially benefit."
Brasil said it's not yet clear what form that settlement will take.
"Whether that will mean a direct financial benefit or some other kind of benefit, we don't know … at this present moment."
The class action applies to anyone in Canada who bought chocolate made by Nestle, Hershey and Mars between 2001 and 2008, Brasil said.
Hershey is appealing the settlement agreement by Cadbury Adams and the Crown.
The conspiracy allegations have yet to be proven in court.
With files from the CBC's Priya RamuShare Tools
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