November 08, 2024
Editorial

Giving and Taking

The battle over blueberry prices in Maine is likely far from over with talks of a settlement from one side and flat denials of the makings of a deal from the other. One thing both the blueberry growers and processors agree upon, however, is that state involvement in the ongoing conflict has helped.

Maine has good reason to be concerned with the outcome of this case. The $56 million damage award levied last year against blueberry processors by a superior court judge could irreparably harm the industry that is the backbone of the Washington County economy. Shortly after the verdict that three major processors were guilty of price fixing was read, one company immediately ceased operations, putting hundreds out of work.

The state cannot mandate the solution to this legal battle, but it can offer assistance by encouraging the two sides to find a reasonable compromise. But, as Agriculture Commissioner Robert Spear said recently, both sides must give. That is why Mr. Spear was wise to invite a professional negotiator from the Maine Labor Relations Board to meet with growers and processors this week. Inviting growers who did not participate in the lawsuit, and therefore have a different view of the current situation, was also a good move.

It is in the interest of both growers and processors to find where they can give. This is an interesting situation since the growers, who allege price fixing and were backed up by a jury, are dependent on the processors they sued.

If a large damage award puts the processors out of business, the growers have not won. If they are right in the charge of price fixing, however, they cannot continue accepting such treatment. And, neither side can afford a protracted legal battle. Processors have contracts to deliver set amounts of berries to countries around the world. If the berries are not delivered, those contracts will evaporate with both growers and processors losing.

A spokesman for Cherryfield Foods is right that the focus needs to be on the future of the industry. The trouble is it’s hard to look toward the future without a common perception of the past. In this case, however, there are differing versions of past events. The processors say they did nothing wrong. The growers, on the other hand, allege that three large processing companies conspired to fix prices, thereby depriving growers of million of dollars. A jury has agreed with this version of events, although that decision and the accompanying $56 million damage award levied by a judge are now under appeal.

So, state officials will find no easy answers, but their efforts to again get the processors and growers working together should bear fruit.


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