antitrust@locklaw.com (612) 339-6900

Pork Antitrust Litigation

SUMMARY

On November 4, 2020, direct purchaser plaintiffs and defendant JBS USA Food Company announced that they have reached a settlement agreement in this case. In the near future Direct purchaser plaintiffs will move the Court to preliminarily approve the settlement, and we will provide a copy of the notice when available. That notice will contain more details about the settlement. JBS has not admitted any liability and continues to deny the allegations in plaintiffs’ complaint, while plaintiffs believe they would have prevailed.

The settlement with JBS came shortly after the Court’s ruling on October 16, 2020 (as amended on October 20, 2020), upholding plaintiffs’ allegations that the defendant pork integrators and Agri Stats conspired to restrain pork production and raise pork prices. The Court denied 7 of the 8 defendants’ motions to dismiss the direct purchasers’ complaint. We will pursue full discovery to vigorously prosecute this case on behalf of the class.

This case began on June 29, 2018, when the antitrust team at Lockridge Grindal Nauen filed the first direct purchaser plaintiff antitrust class action on behalf of our client alleging anticompetitive conduct by pork producers. Our client and the class we intend to represent are direct purchasers of pork from 8 defendants. On September 26, 2018, the Court appointed Lockridge Grindal Nauen and Pearson Simon Warshaw as lead counsel for the direct purchaser plaintiffs.

Background

Plaintiffs allege that beginning in 2009, pork producers coordinated their efforts to artificially reduce the supply of pork for sale in the United States, knowing that those supply reductions would increase prices. Defendants coordinated their supply reductions by sharing confidential production information with one another through Agri Stats, an information sharing service. As a result, since 2009 pork prices have been artificially inflated.

Were you affected by the alleged pork conspiracy?

If you purchased pork between 2009 and today from any of the following companies or their subsidiaries, you may have overpaid: Clemens Food Group, Hormel Foods, Indiana Packers, JBS USA, Seaboard Foods, Smithfield Foods, Triumph Foods, and Tyson Foods.

CONTACT

If you would like to discuss your legal options, please contact Joe Bruckner or Brian Clark at wjbruckner@locklaw.com, bdclark@locklaw.com, or at 612-339-6900.