The Doomed Counterclaims In Egg Price-Fixing Case

Law360, New York (July 10, 2014, 9:33 AM EDT) -- In In Re Processed Egg Products Antitrust Litigation, No. 2:08-Md.-02002-GP (E.D. Pa., June 10, 2014), the plaintiffs alleged that they purchased eggs from defendant egg-producing cooperatives, and that the plaintiffs had required that defendants provide only eggs that complied with a "certification program." The defendants were required by the program to certify, for "animal welfare purposes," that they had expanded the size of the cages for chickens, which was accomplished by reducing the number of chickens in each cage. The complaint alleged that defendant egg producers had conspired to utilize the program as a pretext to reduce the output of eggs by reducing the number of chickens overall, and thus artificially and illegally raise the price of eggs....

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