Silver Golub & Teitell LLP is investigating claims against Walmart Inc. and Energizer Holdings Inc. for allegedly conspiring to manipulate disposable battery prices, violating federal and state antitrust laws as well as consumer protection laws. If you've purchased Energizer batteries from Walmart, you may be eligible to join a class action lawsuit.
In multiple class actions filed in federal court in the Northern District of California and the Eastern District of New York, direct-purchase retailers and consumers have alleged that Walmart and Energizer agreed in early 2018 to slow price declines due to a poor market outlook via a price fixing scheme. Pursuant to the alleged scheme, Energizer inflated wholesale prices and required direct-purchase retailers to match Walmart's prices, while Walmart gave Energizer products preferential treatment, benefitting Energizer via the higher wholesale prices and Walmart via the margin Walmart could maintain on Energizer Batteries.
Energizer raised wholesale prices, leading Walmart to increase some battery prices by nearly 20% in Q3 2019 and 40% by Q1 2020. Energizer continued to raise prices in 2020 and 2021. Plaintiffs in the suit allege that that Energizer created "Project Atlas" to police retailers that attempted to undercut Walmart's prices, imposing wholesale price increases on noncompliant retailers to force them to match or exceed Walmart's prices.
If you purchased Energizer Batteries between 2018 and May 1, 2023 and are interested in discussing your rights, contact SGT today by submitting your information via the form to the right. Alternatively, please reach out to SGT Associate Attorney Brett Burgs at bburgs@sgtlaw.com.
