Antitrust Lawsuits Filed Against Energizer and Walmart for Conspiring to Raise Battery Prices

Energizer Holdings Inc and Walmart Inc are facing three proposed antitrust class actions accusing them of conspiring to raise the prices of disposable batteries. According to the complaints filed in San Francisco federal court on Friday, Energizer and Walmart agreed to inflate wholesale battery prices for other retailers under pressure from Walmart, starting from January 2018. Retailers were required not to undercut Walmart on price, and those who did risked being cut off by Energizer, the largest U.S. disposable battery maker. The scheme resulted in higher prices from Energizer and Berkshire Hathaway-owned Duracell, which together control 85% of the disposable battery market. Energizer had been trying to recover sales lost in 2013 when Walmart ended its exclusive battery contract. The lawsuits seek unspecified compensatory and triple damages under federal and state antitrust laws and various state consumer protection laws. They also seek injunctions to block Energizer from tying battery sales to pricing, and require Energizer and Walmart to “dissipate” the effects of their anticompetitive conduct. Energizer’s share of the U.S. disposable battery market has risen to more than 50% from 40% in 2018, according to the plaintiffs. The cases are: Copeland et al v Energizer Holdings Inc et al, No. 23-02087; Portable Power Inc v Energizer Holdings Inc et al, No. 23-02091, and Schuman et al v Energizer Holdings Inc et al, No. 23-02093.