In re: Broiler Chicken Antitrust Litigation
Broiler Chicken Antitrust Litigation
Case No. 16-cv-08637

Welcome to the Broiler Chicken Antitrust Litigation Website

REMINDER:

The deadline to file a Claim Form, request exclusion from the New Settlements, or object to the New Settlements is:

May 17, 2021

If you do nothing, you will not receive a payment and you will give up your rights to sue the New Settling Defendants about the legal claims that the New Settlements resolve.

 

On March 16, 2021, Notices and Claim Forms were sent to Settlement Class members identified in records from all Defendants. If you purchased Broiler chicken directly from a Broiler Chicken Producer in the United States from at least as early as January 1, 2008 through December 20, 2019, you may be eligible for benefits.

 

Two more settlements have been reached in a class action antitrust lawsuit filed on behalf of Direct Purchaser Plaintiffs (“Plaintiffs”) of Broiler chicken. The two new settlements are with Defendants Tyson Foods, Inc., Tyson Chicken, Inc., Tyson Breeders, Inc., and Tyson Poultry, Inc. (collectively, “Tyson”) and Pilgrim’s Pride Corporation (“Pilgrim’s Pride”), collectively “New Settlements” with the “New Settling Defendants.” Previous settlements (the “Previous Settlements”) were filed on behalf of Plaintiffs with Defendants Peco Foods, Inc. (“Peco”), George’s, Inc. and George’s Farms, Inc. (collectively, “George’s”), Amick Farms, LLC (“Amick”), and Fieldale Farms Corporation (“Fieldale Farms”), collectively the “Previous Settling Defendants.” Together, the New Settling Defendants and Previous Settling Defendants are referred to as “Settling Defendants” and the Previous Settlements and the New Settlements are collectively referred to as the “Settlements.”

Who is Included in the Settlements?

For all settlements except the Fieldale Farms settlement, Settlement Class members include: All persons who purchased Broilers directly from any of the Defendants or any alleged Co-Conspirator identified in this action, or their respective subsidiaries or affiliates for use or delivery in the United States from at least as early as January 1, 2008 until December 20, 2019. The class period for the Fieldale Farms settlement is January 1, 2008 through August 18, 2017.

What is this Case About?

Plaintiffs allege that Defendants and their Co-Conspirators conspired to fix, raise, maintain, and stabilize the price of Broilers, beginning at least as early as January 1, 2008. Plaintiffs allege that Defendants implemented their conspiracy in various ways, including via coordinated supply restrictions, sharing competitively sensitive price and production information, and otherwise manipulating Broiler prices, with the intent and expected result of increasing prices of Broilers in the United States, in violation of federal antitrust laws. The Settling Defendants have not admitted any liability concerning and continue to deny the legal claims alleged. The Court did not decide which side was right, but both sides agreed to the Settlements to resolve the case. The case is still proceeding on behalf of the Direct Purchaser Plaintiffs against all other Defendants who have not settled with the Plaintiffs.

What do the Settlements Provide?

The New Settlements require the New Settling Defendants to pay up to the following amounts to the Settlement Class: Tyson $80,000,000; and Pilgrim’s $75,000,000. Together, with the amounts paid by the Previous Settling Defendants (Peco $4,964,600; George’s $4,097,000; Amick $3,950,000, Fieldale Farms $2,250,000), total settlements in the Direct Purchaser Plaintiffs’ case are $170,261,600 (the “Settlement Proceeds”).

Your legal rights are affected whether you act or don’t act. Please read the information on this website and in the notice carefully. Additional information about eligibility, the Settlements, the lawsuit, and important Court documents may be found on the Important Documents and FAQ pages of this website.

Your Legal Rights and Options

File a Claim
May 17, 2021
In order to receive money from the New Settlements and Previous Settlements you must submit a Claim Form. If you are confirmed to be a Class Member and file a valid Claim Form, you will be eligible to receive a payment from the Settlement Proceeds.
 
Instructions for filing a claim are available in Question 11 of the FAQs.
 
By participating as a Settlement Class member, you give up your rights to sue the New Settling Defendants about the claims that the New Settlements resolve.
Ask to be excluded ("opt-out") from the Settlements
May 17, 2021
You must submit a valid request for exclusion in order to remove yourself from the New Settlements with the New Settling Defendants and receive no payment from the New Settlements.
 
You will keep your right to be part of any other lawsuit against the New Settling Defendants about the legal claims that the New Settlements resolve.
 
Instructions for submitting a request for exclusion are available in Question 15 of the FAQs.
 
The deadline to request exclusion from the settlements with the Previous Settling Defendants has already passed.
Object to the Settlement
May 17, 2021
If you are a Settlement Class member and have not excluded yourself from the New Settlements, you can object to either of the New Settlements if you don’t like part or all of them. To object, you must send a written statement to the Settlement Administrator, Co-Lead Counsel, and Counsel for each Settlement Defendant.
 
Instructions for objecting to the New Settlements are available in Question 17 of the FAQs.
 
The deadline to object to the settlements with the Previous Settling Defendants has already passed.
Attend the Fairness Hearing
9:00 a.m. on June 29, 2021
The Court will hold a Fairness Hearing to decide whether to approve the New Settlements at 9:00 a.m. on June 29, 2021. The hearing may be held using telephone, video conference or other means approved by the Court, rather than in person. Notice of the manner in which the hearing will be conducted will be provided by the Court. Do not go to the Court in person unless there is notice that the hearing will be conducted in person. You may request to speak in Court about the fairness of the New Settlements by providing notice by May 17, 2021.
 
Information on the Fairness Hearing is available in Question 21 of the FAQs.
Do Nothing If you do not file a claim as described above and in Question 11 of the FAQs, you will receive no payment from the Settlements with any of the Settling Defendants.
 
If you do nothing regarding the New Settlements, you will give up your rights to sue the New Settling Defendants about the legal claims that the New Settlements resolve.

 

For More Information

Visit this website often to get the most up-to-date information.

Mail

Broiler Chicken Antitrust Litigation
c/o JND Legal Administration
PO Box 91343
Seattle, WA 98111