With a pileup of Department of Justice losses in criminal price-fixing cases, an upcoming civil trial addressing the same conduct among chicken producers is garnering a lot of attention, according to a Law360 article titled “DOJ Losses Cast Shadow Over Chicken Price-Fixing Trial.”
The Sept. 15 article describes a civil case that has grown significantly since it was launched by private plaintiffs in 2016. It now includes “plaintiffs at nearly every point in the supply chain, from grocery stores to restaurants to consumers,” according to the article.
But even as the civil case expanded, Law360 reports, criminal cases brought by the DOJ have faltered with mistrials, acquittals and charge dismissals. “In total, federal prosecutors charged 14 people with participating in the scheme without winning a single conviction.”
Given that the DOJ “wasn’t able, with all their resources and capabilities, to convince a jury that there was evidence of actual price-fixing,” Partner Carl Hittinger says he wonders how strong the evidence could be.
Still, “it will be worth watching to see if the plaintiffs present evidence no one else has used or a new theory of the case.”