Analyzing Conspiracy Claims Under Capper-Volstead

Law360, New York (January 24, 2012, 1:46 PM EST) -- On Dec. 2, 2011, a district court denied a motion to dismiss antitrust conspiracy claims against potato grower cooperatives in several states. In re Fresh and Process Potatoes Antitrust Litigation, United States District Court for the District of Idaho, Case No. 4:10-MD-2186-BLW.

The plaintiffs alleged that the defendant cooperatives agreed among themselves, through their cooperative structure, to restrict the output of their members by limiting potato planting acreages, paying farmers to destroy existing stocks and refraining from bringing additional potatoes to market.

The alleged purpose of...
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