Egg Producers Can’t Crack Direct Purchaser Price Fixing Complaints in Processed Eggs

Sparboe Farms’ attempt to dismiss six direct purchaser complaints in the consolidated litigation over price fixing in the processed egg market failed, according to an Oct. 4 opinion by the U.S. District Court for the Eastern District of Pennsylvania (In re Processed Egg Products Antitrust Litigation, E.D. Pa., 2:08-md-02002-GP, 10/4/12).

Judge Gene E.K. Pratter concluded that Sherman Act §1 claims against Sparboe by Kroger, Supervalu, Inc., Publix, Winn-Dixie Stores, Inc., Giant Eagle, Inc. and Kraft Foods Global, Inc. were sufficient to withstand a motion to dismiss.

On a separate motion to dismiss Giant Eagle’s complaint by ...