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Tyson, other pork producers lose bid to knock out price-fixing class actions
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Tyson, other pork producers lose bid to knock out price-fixing class actions
Apr 1, 2025 9:41 AM

April 1 (Reuters) - Tyson Foods ( TSN ) and other top pork

producers must face lawsuits from consumers and other buyers

accusing them of a conspiracy to restrict supply and fix prices,

causing billions of dollars in overcharges, a U.S. judge in

Minnesota has ruled.

U.S. District Judge John Tunheim in a 232-page order on Monday

mostly rejected efforts by leading pork processors to knock out

the allegations before any trial.

Tunheim said there was enough evidence for a jury to weigh

antitrust claims against Tyson, Smithfield Foods, JBS USA and

several other companies. The order dismissed Hormel as a

defendant.

Tyson, Smithfield and JBS did not immediately respond to

requests for comment. Hormel in a statement said it welcomed the

court's ruling dismissing it from the cases. The companies have

all denied any wrongdoing.

Attorney Michael Flannery, representing restaurants and

other small businesses, in a statement said the judge's order

"makes clear there is compelling evidence" supporting his

clients' claims.

Attorneys for consumers and other groups of plaintiffs

either declined to comment or did not immediately respond to a

request for one.

The lawsuits are part of a broader set of cases accusing

beef, turkey and chicken producers of fixing prices in their

markets. The litigation has generated hundreds of millions of

dollars in settlements.

Tunheim's order also said the industry benchmarking company

Agri Stats must face antitrust allegations for its alleged role

in the conspiracy from at least 2009 to 2018.

The plaintiffs alleged pork producers exchanged

competitively sensitive, non-public information through Agri

Stats, allowing them to communicate with each other and maintain

the price-fixing conspiracy. Tyson said it used Agri Stats to

find ways to improve costs.

Agri Stats did not immediately respond to a request for

comment. It has denied any wrongdoing.

Tunheim said Hormel, unlike rival pork producers, "was

reluctant - and in some ways, refused - to participate in Agri

Stats reports."

The judge said the evidence in the litigation "supports a

reasonable inference of a price-fixing conspiracy and tends to

exclude the possibility of mere independent action among

co-defendants."

One expert for the plaintiffs said consumers suffered at

least $1.4 billion in damages during the class period, court

records show.

The case is In re Pork Antitrust Litigation, U.S. District

Court for the District of Minnesota, No. 0:18-cv-01776-JRT-JFD.

Read more:

JBS to pay $83.5 million in latest beef price-fixing

settlement

Pilgrim's Pride agrees to pay $41 mln to settle investors'

lawsuit

Judge green-lights class actions over US turkey prices

Data company Agri Stats must face Justice Dept antitrust

lawsuit

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