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Egg Price-Fixing Plaintiffs Seek Redo of Rejected Cartel Claims

July 7, 2020, 8:51 PM

Class action plaintiffs who alleged an industry-wide scheme to fix egg prices through “animal welfare” measures asked the full Third Circuit to revive their case, saying a three-judge panel made a virtually unprecedented error in rejecting it it last month.

“The panel decision appears to be the first in U.S. history to hold that a horizontal conspiracy to restrict supply is subject to the rule of reason rather than the per se rule,” the plaintiffs say in a rehearing petition filed Monday. “This is nothing short of a revolutionary change in antitrust law.”

The lawsuit accuses top egg producers ...

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