Milk Antitrust Claims Against Dean Foods Survive

Law360, New York (May 31, 2011, 5:53 PM EDT) -- A Florida federal judge on Friday allowed most of McCowtree Brothers Dairy Inc.'s antitrust counterclaims against Dean Foods Co. to continue in a suit over the alleged breach of a wholesale milk distribution agreement.

U.S. District Judge Marcia G. Cooke said McCowtree's allegations — that a series of Dean Foods supply agreements created a stranglehold on the market for processed milk in South Florida and violated the Clayton Act — were the kinds of injuries the antitrust laws were created to prevent.

"McCowtree claims that the...
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