POCATELLO, ID - The newest update in the five-year long antitrust lawsuit brought by Associated Wholesale Grocers, U.S. District Judge Candy Dale has ordered United Potato Growers to release 105 documents to prosecutors.
Nearing the end of the case's two-year discovery dispute, Judge Dale ruled that out of 111 documents, only five documents and one email are not protected from disclosure.
Way back in 2010, Associated Wholesale Grocers filed the antitrust lawsuit against United Potato Growers, claiming that the group acts as a potato "cartel," controlling 80 percent of the potato market. As reported by the Courthouse News Service, the lawsuit also claimed the group used both physical and non-physical intimidation to compel independent growers to join.
According to a report from the U.S. Potato Board, the average U.S. citizen eats over 20 lbs. of fresh potatoes a year, creating a domestic revenue from fresh potatoes of $33 billion.
In the court filings, Dale said the five documents are communications that United Potato Growers of America shared with its accountants, and that accountant-client privilege does not apply.
Even if there were such a law that applies, Dale ruled, "the information was freely shared with UPGA's accountants, and therefore, the privilege was waived because it was shared with third parties."
In total, the antitrust complaint claims United Potato Growers conspired to fix, raise, maintain and stabilize prices paid for fresh and processed potatoes, and that the it acted in "classic cartel behavior," according to The Couthouse News Service.
For more on this developing case, stay tuned to AndNowUKnow...
