Broiler Chicken Antitrust Class Action Lawsuit Settles For $181 Million

Quick Summary of the Broiler Chicken Antitrust Litigation

Some of the biggest food producers in the United States, such as Fieldale, George’s, Mar-Jac, Peco, Pilgrim’s, and Tyson Foods, have agreed to a total of $181 million in settlements for what has been known as the Broiler Chicken Antitrust Class Action Settlement.

The End-User Consumer Plaintiffs’ allegations state that the companies and their co-conspirators conspired to restrict chicken supplies and fix, raise or stabilize prices of their products as of January 1st, 2009 in violation of federal and state consumer and antitrust laws.

Are you eligible to be a Settlement Class Member?

Eligible Class Members (institutional indirect purchaser plaintiffs and direct purchaser plaintiffs) include all persons and entities who indirectly purchased fresh or frozen raw chicken (whole birds with or without giblets, whole cut-up birds purchased within a package, or “white meat” parts such as breasts and wings) but excluding chicken that is marketed as halal, kosher, free range, or organic, from the Settling Defendants or alleged co-conspirators for personal consumption in the following states:

From January 1, 2009, to July 31, 2019:

California, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, Oregon, South Carolina, South Dakota, Tennessee, Utah, and Wisconsin.

After July 15, 2013:

Rhode Island

The Pilgrim’s Settlement ($75.5 M) Eligibility

As far as The Pilgrim’s Settlement, eligibility conditions cover claims for the period of January 1, 2009, to December 31, 2020, for all persons and entities that purchased whole chicken, chicken breasts, or wings while a resident of one of the states mentioned above.

You may be eligible to receive cash and rebates.

What do the Settlements provide?

If the Settlements receive Court Approval, Tyson Chicken will pay $99,000,000, Pilgrim’s will pay $75,500,000, George’s will pay $1,900,000, Peco will pay $1,900,000, Fieldale will pay $1,700,000, and Mar-Jac will pay $1,000,000. These Settlements will resolve the Class Members’ claims against the Settling Defendants. Additional to the monetary benefit, the Settling Defendants have agreed to provide specified cooperation in the End-User Consumer Plaintiffs’ continued prosecution of the Broiler Chicken Antitrust Litigation.

Who is the Claims Administrator?

Broiler Chicken Consumer Litigation
c/o A.B. Data, Ltd.
P.O. Box 173045
Milwaukee, WI 53217

To receive compensation, make sure to submit a valid claim form online or print a form and mail it by December 31, 2022, to the Settlement Administrator at the address above. You do not need proof to participate.

Who are the lawyers representing this case?

The District Court has appointed some of the most prestigious law firms in America to lead the Broiler Chicken Antitrust Class Action Settlement.
The Co-lead Counsel for this case is Hagens Berman Sobol Shapiro LLP and Cohen Milstein Sellers & Toll, PLLC.

How much money can you get?

The Class Members who submitted valid claim forms will receive a pro-rata portion of the fund based on their chicken purchases during the Class Period. This means that before making any payments, attorneys will continue to pursue cases against the remaining defendants that have not settled. Once these expenses are paid out, the remaining amount of the Fund will go toward Class Members.

Final Approval Hearing

The Court will hold a Fairness Hearing on December 20, 2021, at 9:00 a.m., at the United States District Court for the Northern District of Illinois, Courtroom 1441, 219 South Dearborn Street, Chicago, IL 60604. At this hearing, the District Court will consider whether the Settlements are fair, reasonable, and adequate.

How to file a valid claim

To receive compensation, you do not need to provide any proof. However, a valid claim form must be submitted before December 31, 2022, or printed out and mailed to the below address.

Broiler Chicken Consumer Litigation
c/o A.B. Data, Ltd.
P.O. Box 173045
Milwaukee, WI 53217

Resources

What companies are included among the Settling Defendants?
Some of the biggest chicken producers and chicken processors in the United States are facing an antitrust class action lawsuit. The suit alleges that these companies engaged in price-fixing and other anticompetitive practices in order to keep chicken prices artificially high. The chicken companies named in the suit include Tyson Foods, Pilgrim’s Pride, Sanderson Farms, Perdue Farms, and Koch Foods. These companies control a large portion of the chicken market in the United States, and the suit alleges that they used their power to keep prices high.

How do these companies allegedly inflate the prices of their products?
There are class action lawsuits filed against companies for inflation of prices. In some cases, the plaintiffs allege that the companies engaged in price gouging, which is illegal in many states. Price gouging occurs when a company raises prices dramatically, usually during a time of crisis, in order to take advantage of consumers.

In other cases, the plaintiffs allege that the companies falsely advertised the prices of their products. For example, a company may advertise a product as being on sale for a certain price, but when consumers go to purchase the product, they find that the price has been raised. This type of false advertising is also illegal in many states.