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. ...