In re Broiler Chicken Antitrust Litigation
Case Background
Plaintiffs filed a class action antitrust litigation claiming that the Defendants, who controlled between 92% and 97% of the market during the class period, coordinated their actions to manipulate supply and pricing. Plaintiffs contended that Defendants shared competitive information, restricted production, and engaged in other collusive practices to drive up prices, resulting in significant financial harm to purchasers. The litigation led to numerous settlements, class certifications, and court rulings, including a jury verdict in favor of Sanderson Farms and summary judgment in favor of several other Defendants.
The lawsuit involved multiple groups of Plaintiffs, including direct-purchaser plaintiffs (DPPs), indirect-purchaser plaintiffs (IPPs), end-user consumer plaintiffs (EUCPs), and direct-action plaintiffs (DAPs). The lawsuit was filed in the United States District Court for the Northern District of Illinois. Judge Thomas M. Durkin presided over this lawsuit
Cause
Damages
Key Arguments and Proceedings
Legal Representation for Plaintiffs
- Plaintiff(s): Sargent’s Restaurant and Lounge | Fargo Stopping Center, LLC | Wildwood Tavern LLC | Bodega Brew Pub, Inc. | Sullott Corporation | Chicken Joe’s, LLC | Eat This, Inc. | Alpine Special Treatment Center, Inc. | Tennis Bums, LLC dba Alabama Joe’s | Alabama Joe’s 2, Inc. dba Alabama Joe’s | Tani Sushi Bistro, LLC | France 44 Foods, Inc. | Alliance Healthcare System, Inc. | Little Figs, Inc. dba Figaretti’s Restaurant | Da Big Blue Enterprises Corp. dba Blue Tropix Bar & Grill & Da Big Kahuna Waikiki | Floersch IGA, Inc. dba Ray’s Apple Market | Avanti’s of Phoenix, Inc. | Midtown Bar and Grill LLC | Mookie’s Southern Cuisine LLC | Eowyn, LLC dba Cabana | Peppers Grill & Bar, Inc. | Daliano’s, Inc. dba Daliono’s | Sumner Country Restaurant & Creamery LLC dba Kelley’s Row Restaurant & Pub | Bashara & Company, LC dba J. Morgan’s Steakhouse | Tic-Tac-O | Brix Tavern, LLC | Pancho’s Taqueria, Inc. dba Pancho’s Taqueria | Legacy 5, LLC dba Mr. Jim’s Pizza | Roost Fried Chicken LLC | Oregano Italian, LLC dba Oregano Italian Kitchen | Bordenaro’s Pizza, Inc. dba Bordenaro’s Pizza | Telavi Hospitality, Inc. dba Levante’s | FB Mall, LLC dba Fat Belly’s
- Counsel for Plaintiff(s): Clifford H. Pearson | Daniel L. Warshaw | Bobby Pouya | Michael H. Pearson | W. Joseph Bruckner | Brian D. Clark | Simeon A. Morbey | Arielle S. Wagner | Stephen M. Owen | Kyle Pozan | Bruce L. Simon | Jill M. Manning | Steve A. Hart | Brian Eldridge
Legal Representation for Defendants
- Defendant(s): House of Raeford Farms Inc. | Koch Foods Inc. | JCG Foods of Alabama LLC | JCG Foods of Georgia LLC | Koch Meat Co. Inc. | Tyson Foods Inc. | Tyson Chicken Inc. | Tyson Breeders Inc. | Tyson Poultry Inc. | Pilgrim’s Pride Corp. | Perdue Farms Inc. | Perdue Foods LLC | Sanderson Farms LLC | Sanderson Farms Foods LLC | Sanderson Farms Production LLC | Sanderson Farms Processing LLC | Wayne Farms LLC | Mountaire Farms Inc. | Mountaire Farms LLC | Mountaire Farms of Delaware Inc. | Peco Foods Inc. | Foster Farms LLC | Foster Poultry Farms LLC | Simmons Foods Inc. | Simmons Prepared Foods Inc. | Fieldale Farms Corp. | George’s Inc. | George’s Farms Inc. | O.K. Foods Inc. | O.K. Farms Inc. | O.K. Industries Inc. | Norman W. Fries Inc. | Claxton Poultry Farms | Harrison Poultry Inc. | Mar-Jac Poultry Inc. | Mar-Jac AL/MS Inc. | Mar-Hac Holdings Inc. | Mar-Jac Poultry AL LLC | Mar-Jac Poultry MS LLC | Mar-Jac Poultry LLC | Agri-Stats Inc. | Amick Farms LLC | Case Foods Inc. | Case Farms Processing Inc. | Case Farms LLC
- Counsel for Defendant(s): For Koch – Stephen Novack | Stephen J. Siegel | For House of Raeford – Gregory G. Wrobel | Henry W. Jones Jr.
Claims
Plaintiffs alleged that Defendants violated 15 U.S.C. § 1 of the Sherman Act by engaging in a decade-long conspiracy to fix, raise, maintain, and stabilize broiler chicken prices. They claimed that Defendants, who controlled between 92% and 97% of the market during the class period, coordinated their actions to manipulate supply and pricing.
Defense
The Defendants denied allegations and claimed independent decision-making. Some obtained favorable summary judgment rulings or jury verdicts.
Settlement
Early Settlements
The DPPs secured their first settlement with Fieldale for $2.25 million, with cooperation and documents, approved in November 2018. Later, they reached settlements with Amick for $3.95 million, Peco for $4.96 million, and George’s for $4.1 million, all approved in October 2020.
In June 2021, the court approved settlements with Pilgrim’s for $75 million and Tyson for $79.34 million. By December 2021, the EUCPs finalized settlements totaling $181 million with Fieldale, George’s, Mar-Jac, Peco, Pilgrim’s, and Tyson, appointing Hagens Berman Sobol Shapiro LLP and Cohen Milstein Sells & Toll PLLC as co-lead counsel.
By January 2022, the court approved settlements with Mar-Jac for $7.98 million and Harrison Poultry for $3.3 million. In May, Judge Durkin certified class status for the DPPs, IPPs, and EUCPs.
In October 2022, Judge Durkin awarded $57.4 million in attorney fees and $8.75 million in expenses, but class member John Andren appealed. The Seventh Circuit vacated the fee award in August 2023, requiring further review.
Meanwhile, the DPPs secured settlements with Simmons for $8 million, Mountaire for $15.9 million, O.K. Foods for $4.86 million, House of Raeford for $27.5 million, and Koch for $47.5 million, with preliminary approval granted for each.
In June 2023, the court ruled in favor of six Defendants, including Foster and Perdue, while a jury sided with Sanderson Farms in October. By December 2023, the court finalized settlements with Simmons, Mountaire, and O.K. Foods. In March 2024, the DPPs sought approval for settlements with seven more companies, including Agri-Stats and Sanderson.
The DPP class reached a settlement with seven sellers, resolving litigation costs and attorney fees. The Agri-Stats agreement provided class members six months of free price reports.
Court Documents:
Documents are available for purchase upon request at jurimatic@exlitem.com
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