Anti-Competitive Effect Needed In PSA Claims: 5th Circ.

Law360, New York (December 16, 2009, 2:11 PM EST) -- Handing a victory to Pilgrim’s Pride Corp., a split full U.S. Court of Appeals for the Fifth Circuit has held that for plaintiffs to bring a claim under the Packers and Stockyards Act, they must show that the chicken producer's alleged unfair trade practices had an adverse effect on competition.

Tuesday's 9-7 ruling brings the Fifth Circuit in line with numerous other circuit courts and reverses a July 2008 ruling by a three-judge panel that said a showing of anti-competitive effect was not necessary for a...
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