State of Ohio Reaches $11.5 million Settlement with Road Salt Providers Cargill and Morton to Resolve Price-Fixing Claims

By Stephen L. ByronBenjamin G. Chojnacki, and Ellen R. Kirtner, Law Clerk.

Ohio Attorney General Mike DeWine announced yesterday that the State of Ohio has reached a settlement in its price-fixing lawsuit against road salt providers Cargill, Inc. and Morton Salt, Inc.

The lawsuit alleged that Cargill and Morton spent nearly a decade engaged in a conspiracy that caused state and local governments to pay an artificially high price for road salt. In exchange for dismissing the case, and without admitting any wrongdoing, Cargill and Morton have agreed to pay the State of Ohio $11.5 million.

The Attorney General will distribute this money among local governments, the Ohio Department of Transportation, and the Ohio Turnpike Commission.

Local governments will be asked to submit documentation to the Attorney General showing that they purchased road salt from either Cargill or Morton at any time from 2008 to 2010. To ensure prompt distribution of settlement funds, municipalities should gather all available documentation showing they purchased road salt from either Cargill or Morton at any time from 2008 to 2010, and wait for further instruction from the Attorney General.

If you have any questions about the settlement, or any other public law issues, please contact one of the attorneys in Walter | Haverfield's public law group.