Canadian bureau charges chocolate makers Mars, Nestle with price fixing

Reuters, TORONTO

Sat, Jun 08, 2013 - Page 15

Canada has charged two of the world’s biggest candy makers, Nestle SA and Mars Inc, with colluding to fix the price of chocolate, the Canadian competition watchdog said on Thursday.

Canada’s Competition Bureau recommended lenient treatment for the Canadian arm of Hershey Co, which cooperated with the investigation.

Hershey said it had reached a deal with the bureau, and would plead guilty to a single count of price fixing.

Both Mars and Nestle said they intend to “vigorously defend” themselves against the allegations.

In its statement Hershey expressed regret for its actions and blamed workers who had already left the company.

The Canadian Competition Bureau has been probing the allegations of price fixing for five years in a scandal that has already resulted in a major class-action suit.

Hershey, Mars and Nestle all agreed to settlements as part of that suit.

A similar class-action suit in the US is still making its way through a Pennsylvania court.

The Canadian Competition Bureau has also charged ITWAL Ltd, a national network of independent wholesale distributors, as well as three individuals: former Nestle Canada chief executive Robert Leonidas; former Nestle Canada president Sandra Martinez and ITWAL Ltd president and chief executive David Glenn Stevens.

The three executives face up to five years in prison if convicted, while the companies and the executives could each be fined up to US$10 million.