Bloomberg Law
Nov. 19, 2020, 3:31 PM

ANALYSIS: Rare Monopsony Jury Trial Could Inform Antitrust Cases

Eleanor Tyler
Eleanor Tyler
Legal Analyst

Individual farmers who grow broiler chickens for Tyson Chicken Inc. are likely headed to trial on an allegation that Tyson illegally leveraged its monopsony power as a “chicken integrator” to treat them unfairly.

Whether Tyson harmed competition for poultry grower services is an element of the farmers’ claim under the Packers and Stockyards Act, 7 U.S.C. § 192. Unless the case settles, the issue will be argued in the same way as an antitrust claim: a jury will decide whether Tyson is a monopsonist that harms relevant markets, or whether its buying power merely drives down prices to consumers. ...

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