A US District Court denies motion to dismiss antitrust conspiracy claims against potato grower cooperatives in US several states (Fresh and Process Potatoes Antitrust Litigation)

I Can’t Make You Love Me If You Won’t: Capper-Volstead Jilted* The intersection between the Sherman Act and the Capper-Volstead exemption for collective conduct by agricultural industry members has given rise to a number of recent cases. In re Fresh and Process Potatoes Antitrust Litig., No. 4:10–MD–2186 (D. Idaho) (“Potatoes”), is particularly noteworthy. There, the District Court held that the Capper-Volstead exemption does not reach pre-production farming activity, such as planting and harvesting, adopted to reduce the supply of potatoes – and hence, to increase the price at which the product is sold. Lacking any refuge in Capper-Volstead, such collective farming activity is fully subject to per se condemnation under the antitrust laws. The Case Background Suing in Idaho, the heart of

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Authors

  • Offices of the United States Attorneys
  • Labaton Sucharow (New York)

Quotation

Amy Garzon, Jay L. Himes, A US District Court denies motion to dismiss antitrust conspiracy claims against potato grower cooperatives in US several states (Fresh and Process Potatoes Antitrust Litigation), 2 December 2011, e-Competitions Bulletin US Private Enforcement, Art. N° 42841

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