Agriculture
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The Third Circuit ruled on Monday in an antitrust lawsuit regarding processed egg pricing that the jury was properly instructed, affirming the decision from the Eastern District of Pennsylvania.
The Order called its opinion “another chapter in the long-running dispute,” which began in 2008 with a complaint filed by grocery companies including The Kroger Co., Safeway Inc., Walgreen Co., and Albertsons LLC. The plaintiffs claimed in that complaint that egg producers conspired and reduced production of eggs to artificially increase the price. In their brief after the appeal, the plaintiffs argued that the District Court improperly told the jury that all three elements in the conspiracy would need to be proven, when in actuality only one element would be a violation of the Sherman Act.
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3rd Circ. Won t Unscramble Egg Producer Antitrust Win
Law360 (March 15, 2021, 8:39 PM EDT) A Third Circuit panel refused Monday to undo an antitrust trial win exonerating an egg producer and trade groups accused of conspiring to drive up prices, rejecting claims by major grocery chains that mistaken jury instructions led to the claims being combined into a single scheme.
Kroger Co., Safeway Inc., Walgreen Co., Winn-Dixie Stores Inc. and others weren t wrongly required to prove that Rose Acre Farms Inc., United Egg Producers Inc. and United States Egg Marketers Inc. carried out every one of three alleged supply reduction schemes to be held liable at all, according to the ruling. Instead, looking at the.