Of Characterization and Common Sense: Court Holds That Erroneous Interpretation of Allegations of Complaint Doom Counterclaim to Bottom of Chicken Coop* 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 the 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
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The US District Court for the Eastern District of Pennsylvania reaffirms that under the Capper-Volstead Act farmers may cooperate to collectively market their products, though the output limitation obtained by concerted action remains precluded by the Sherman Act (In Re Processed Egg Products Antitrust Litigation)
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