Processed Egg Products Antitrust Litigation

A partial settlement of In re Processed Egg Products Antitrust Litigation, No. 08-MD-02002 (E.D. Pa.), was preliminarily approved by the Honorable Gene E.K. Pratter of the United States District Court for the Eastern District of Pennsylvania on July 15, 2010. Pursuant to the settlement, three of the defendants (Land O’ Lakes Inc., Moark, LLC and Norco Ranch, Inc.) have agreed to pay $25 million to settle antitrust claims brought on behalf of direct purchasers of shell eggs and egg products. Bernstein Liebhard LLP serves as one of the co-lead counsel.

The case, filed in 2008, is one of three consolidated actions filed against sixteen trade groups and producers 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 addition to the monetary settlement, the settling defendants have agreed to provide information and documents concerning meetings and discussions with the remaining defendants regarding price-fixing efforts. The remaining defendants in the action include Cal-Maine Foods Inc., Michael Foods, Inc., Rose Acre Farms, Inc., Ohio Fresh Eggs, LLC, Hillandale Farms Inc. (comprised of Hillandale Farms of Pa., Inc., Hillandale-Gettysburg, L.P., Hillandale Farms East, Inc., and Hillandale Farms, Inc.), Daybreak Foods, Inc., as well as trade groups United Egg Producers, United States Egg Marketers, and United Egg Association.

For more information please contact Ronald J. Aranoff, Esq. at (212) 779-1414.