Antitrust, UCL and Privacy

Competition: Spring 2019, Vol 29, No. 1

IN RE: PROCESSED EGG PRODUCTS ANTITRUST LITIGATION: A PANEL DISCUSSION WITH TRIAL COUNSEL

By Lee F. Berger1

In the In re: Processed Eggs Products Antitrust Litigation2, often referred to as the Eggs litigation, direct and indirect purchasers of eggs accused major egg producers of conspiring to control and limit the nation’s egg supply, thereby increasing egg prices through a number of allegedly interrelated anticompetitive practices. Specifically, plaintiffs allege that defendant egg producers violated Section 1 of the Sherman Act by developing and implementing a sham animal welfare program, exporting eggs at a loss, and reducing egg production in periods of oversupply through coordinated actions. Those alleged coordinated actions included reducing chick hatches, promoting early molting and slaughtering hens early. The defendants denied these allegations.

Ten defendants settled, but after more than a decade of litigation three egg producers— Rose Acre Farms, R.W. Sauder and Ohio Fresh Eggs—went to trial against the direct purchaser class. Plaintiffs sought more than a billion dollars in damages before trebling.

Trial started May 2, 2018, in the Eastern District of Pennsylvania, before Judge Gene Pratter. Judge Pratter rejected the application of the per se rule to the alleged conspiracy, meaning that the plaintiffs had to prove under the rule-of-reason that the conspiracy had an anticompetitive effect.

Join CLA to access this page

Join

Log in

Forgot Password

Enter the email associated with you account. You will then receive a link in your inbox to reset your password.

Personal Information

Select Section(s)

CLA Membership is $99 and includes one section. Additional sections are $99 each.

Payment