Judge Rules Mistrial For Second Time In Poultry Price Fixing Lawsuit

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The U.S. Justice Department has tried and failed twice in its efforts to prove price-fixing among chicken industry executives.

A federal judge in Denver has declared a second mistrial after a jury deadlocked over whether 10 chicken company executives had conspired to fix prices. The first trial ended in December 2021.

U.S. District Judge Philip Brimmer ended the case on March 29 after jurors said they were unable to reach a verdict after four days of deliberations. The 10 executives had worked for Pilgrim’s Pride Corp., Perdue Farms LLC, Claxton Poultry, Tyson Foods Inc., Koch Foods Inc., Case Farms and George’s Inc.

The DOJ alleged the executives engaged “…in a continuing combination and conspiracy to suppress and eliminate competition by rigging bids and fixing prices and other price-related terms for broiler chicken products sold in the United States.”

Should the government seek a third trial as they have indicated, Judge Brimmer is demanding an explanation from the head of the DOJ’s Antitrust Division, Assistant Attorney General Jonathan Kanter.

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