In Re Processed Eggs Products Antitrust Litigation
Bernstein Liebhard served as co-lead counsel in the In re: Processed Eggs Antitrust Litigation, No. 08-md-2002 (GEK) (E.D. Pa.). The case began in 2008 and alleged a near industry-wide, price-fixing conspiracy among egg producers to raise the price of shell eggs in violation of the Sherman Antitrust Act. In particular, the plaintiffs contended that the defendants conspired to restrict egg production through a sham animal-welfare program that reduced the laying hen flock sizes, express agreements to coordinate molting schedules and flock reductions, and an export program that sold eggs at a loss in order to reduce domestic supplies and raise prices. The court certified a class consisting of all direct purchasers of shell eggs from 2004 through 2008. Settlement was made with several defendants totaling over $136 million.
In 2018, the firm served as co-trial counsel in a four-week trial against the remaining, non-settling defendants. The jury found that the primary defendant had conspired to restrain trade by limiting the supply of eggs on the U.S. market but, inexplicably, that their actions were “reasonable,” thereby finding no liability.
