Processed Egg Products Antitrust Litigation

The Firm, serving as one of the four co-lead counsel, has reached partial settlements with a number of the defendants resulting in a recovery in excess of $60 million for the class to date.  In addition to the monetary settlements, several defendants have agreed to provide cooperation in the form of information, witness interviews, and documents concerning meetings and discussions regarding price-fixing efforts. In June 2014, Plaintiffs moved for preliminary approval of settlements with defendants National Food Corp. and Midwest Poultry, as well as defendants United Egg Producers and United States Egg Marketers.  The action is proceeding against the remaining non-settling defendants.

The case was filed in 2008 against sixteen egg producers and trade groups alleging an industry-wide, price-fixing conspiracy that raised the price of shell eggs and egg products in violation of the Sherman Antitrust Act.  Plaintiffs allege that defendants (egg producers and trade groups) conspired to restrict egg supply through cage space requirements, as well as coordinated molting schedules and hen reductions, and exported eggs at a loss in order to reduce domestic supplies and raise prices.

In September 2015, the court certified a class of direct purchaser plaintiffs of shell eggs against the remaining defendants.  The action is proceeding against the remaining defendants and summary judgment is pending.

For more information please contact Dana S. Smith, Esq. at (212) 779-1414.