By Jonathan Stempel

NEW YORK (Reuters) – Energizer Holdings (NYSE:) Inc and Walmart (NYSE:) Inc have been sued by customers and retailers in three proposed antitrust class actions accusing them of conspiring to lift the costs of disposable batteries.

In line with complaints filed on Friday, Energizer agreed “beneath stress from Walmart” to inflate wholesale battery costs for different retailers beginning round January 2018, and require these retailers to not undercut Walmart on value.

Walmart rivals allegedly risked greater wholesale costs or being lower off by Energizer, the biggest U.S. disposable battery maker, in the event that they charged much less at checkout than Walmart, the world’s largest retailer.

The scheme resulted in greater costs from Energizer and Berkshire Hathaway-owned Duracell, which collectively management 85% of the disposable battery market, that inflation and adjustments in demand couldn’t clarify, the complaints stated.

Energizer had been attempting to get well gross sales misplaced in 2013 when Walmart ended its unique battery contract with the retailer’s Sam’s Membership unit, and created a group, Challenge Atlas (NYSE:), that labored to make sure Walmart’s costs could be lowest, the complaints added.

Neither Energizer nor Walmart instantly responded to requests for touch upon Saturday. Duracell shouldn’t be a defendant.

The lawsuits in San Francisco federal court docket seeks unspecified compensatory and triple damages beneath federal and state antitrust legal guidelines and numerous state shopper safety legal guidelines.

Additionally they search injunctions to dam Energizer from tying battery gross sales to pricing, and require Energizer and Walmart to “dissipate” the consequences of their anticompetitive conduct.

In line with the plaintiffs, Energizer’s share of the U.S. disposable battery market has risen to greater than 50% from 40% in 2018.

The complaints quote an Energizer gross sales consultant telling the chief government of Walmart rival Moveable Energy Inc, which had been charging decrease costs, on an early 2021 telephone name why Energizer was slicing it off.

“She admitted that Energizer had adjusted its pricing insurance policies at Walmart’s request, telling him, ‘That is 1000% about Walmart and wanting the perfect value,'” she was quoted as saying.

Moveable Energy is main the retailers’ lawsuit.

The circumstances within the U.S. District Courtroom, Northern District of California, are: Copeland et al v Energizer Holdings Inc et al, No. 23-02087; Moveable Energy Inc v Energizer Holdings Inc et al, No. 23-02091, and Schuman et al v Energizer Holdings Inc et al, No. 23-02093.