Skip to Main Content
Wexler Boley & Elgersma LLP
  • Our Firm
    • Who We Serve
      • Shareholders
      • Whistleblowers
      • Consumers
      • Businesses
      • Government Entities
    • Our Professionals
    • Working with Wexler Boley & Elgersma LLP
    • Locations
    • News
    • Careers
    • Report Your Concern
    • Testimonials
  • Practice Areas
    • Antitrust Litigation
    • Business & Commercial Litigation
    • Securities & Corporate Governance
    • Healthcare Litigation
    • Consumer Protection
    • Whistle Blower False Claims Litigation
    • Government Representation
    • Employment Litigation
  • Cases
    • Antitrust Litigation Cases
    • Business & Commercial Litigation Cases
    • Consumer Protection Cases
    • Employment Litigation Cases
    • Government Representation Cases
    • Healthcare Litigation Cases
    • Mass Tort Litigation Cases
    • Securities & Corporate Governance Cases
    • Whistle Blower False Claims Cases
  • Investigations
    • Rental Rate Antitrust Lawsuit
    • Automobile 3G Network Shutdown Lawsuit
    • Similac Toxic Infant Formula Lawsuit
    • Kid’s Castle Biometric Privacy Lawsuit
    • Contaminated Baby Food Lawsuit
    • Fatal Sportmix Pet Food Recall Class Action Lawsuit
    • Claire’s Data Breach Lawsuit
    • Insurance Denial for Mental Health and Substance Abuse Treatment
    • Perpetual Sales Litigation
    • Railroad Price-Fixing Lawsuit
    • Medicare Advantage Fraud Litigation
    • Biometric Fingerprinting Litigation
  • Blog
  • Contact Us
See all news
6.3.2022

Judge Certifies Classes in Broiler Chicken Antitrust Lawsuit

On Friday, May 27, 2022, an Illinois federal judge certified three classes of plaintiffs in an antitrust lawsuit alleging that more than a dozen major broiler chicken producers illegally colluded to limit chicken production and artificially increase prices. In certifying these classes, the Court rejected all of defendants’ requests to exclude plaintiffs’ expert opinions.

U.S. District Judge Thomas M. Durkin certified classes of direct purchasers, indirect purchasers, and end-user consumers in his order, citing evidence and expert opinions supporting the certification requests.

“As can be seen… prior to 2008, Broiler production had increased at a relatively consistent rate for many years. Then… production decreased in 2009 and 2012, and between 2008 and 2019, the rate of production increase decreased significantly, before returning to the rate that had prevailed prior to 2008. This unusual decrease in production indicates the presence of a conspiracy among producers for several reasons.”

Judge Durkin went on to explain his reasoning, including consistent demand for broiler chickens and the fact that the defendant companies “own and operate virtually all of the components of production.” Judge Durkin also cited alleged evidence of collusion in the form of communication about public and private production plans, sharing of confidential production information, and evidence that the Georgia Dock Price Index was manipulated.

“Therefore, it’s not unreasonable for the buyers’ experts to use overall market trends as opposed to individual defendant conduct to analyze chicken supplies and how those supplies impacted prices,” Judge Durkin concluded.

Judge Durkin added that “the court cannot take seriously defendants’ argument that the decrease in supply is ‘imagined’ or contrary to ‘reality,’ because defendants go to great lengths to identify a cause for that very decrease in supply that does not legally implicate them.”

Wexler Boley & Elgersma LLP and co-counsel are representing commercial and institutional indirect purchaser plaintiffs in the case of In Re: Broiler Chicken Antitrust Litigation, case number 1:16-cv-08637, in the U.S. District Court for the Northern District of Illinois. To read Judge Durkin’s certification order in full, click here.

Share

  • Facebook
  • Twitter
  • LinkedIn
Image

311 S. Wacker Drive,
Suite 5450
Chicago, IL 60606
P_312.346.2222
F_312.346.0022

  • Our Firm
  • Practice Areas
  • Cases
  • Investigations
  • Newsroom
  • Blog
  • Contact Us
  • Sitemap
  • Privacy Statement
  • Legal Disclaimer

2023 © Wexler Boley & Elgersma LLP

Wexler Boley & Elgersma uses cookies to improve the performance and functionality of this site. By using our website, you are providing us with your consent to use cookies on this site. Close Privacy Policy
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT