Kroger, Albertsons, Publix Lose Bid to Revive Egg Cartel Case

Kroger Co., Albertsons LLC, Publix Supermarkets Inc., and other leading grocery chains failed to resurrect their “egg product” price-fixing lawsuit Monday, when a federal appeals court upheld the instructions given to the jury that ruled against them.

The U.S. Court of Appeals for the Third Circuit rejected their attack on jury instructions concerning whether the country’s top egg producer and two trade groups slashed supplies by recommending cuts, enacting them using animal welfare as a pretext, and intentionally exporting eggs at a loss.

Even if the trial judge should have used the word “or” rather than “and"—to ...