Antitrust & Trade Regulation Agriculture

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Agricultural Cooperative Antitrust Litigation Continues to Mushroom

Pennsylvania District Court certifies five year ruling for interlocutory appeal, that mushroom cooperative is not immune from antitrust claims based upon “advice of counsel” argument. In Re Mushroom Direct Purchaser...more

Mushroom Court Ruling Sprouts Controversy on Whether Reliance on Lawyer Advice Maintains Affirmative Defense to Antitrust Claims

A federal district court recently ruled that claims of “good faith reliance on counsel” were not sufficient to maintain a Capper-Volstead affirmative defense to the antitrust laws – a result that may soon collide with rulings...more

Mushroom Growers Denied Capper-Volstead Antitrust Immunity

On October 14, 2014, the Eastern District of Pennsylvania denied a motion for reconsideration brought by members and affiliates of the former Eastern Mushroom Marketing Cooperative (EMMC). In re Mushroom Direct Purchaser...more

Northern District of California Grants Certification of Antitrust Class in 15 of 16 Jurisdictions Pursuant to Dukes and Comcast;...

In a recent case in the United States District Court for the Northern District of California, plaintiffs brought a putative class action against various defendants involved in milk production, alleging they violated the...more

Of Characterization and Common Sense: Court Holds That Erroneous Interpretation of Allegations of Complaint Doom Counterclaim to...

In In Re Processed Egg Products Antitrust Litigation, No. 2:08-Md.-02002-GP (E.D. Pa., June 10, 2014), the plaintiffs alleged that they purchased eggs from the defendant egg producing cooperatives, and that the plaintiffs had...more

Milk Processors Soured After Federal District Court Rules They Must Face Monopsonization Claims at Trial

Nearly five years into a wide-ranging monopsonization suit accusing milk processors of conspiring to depress and fix the prices paid to independent and cooperative milk suppliers, Judge Christina Reiss of the District of...more

Your Opportunity to Improve the Competitive Framework of Your Industry

Have Your Say on the Issues Paper on Australia's Competition Policy Review before 10 June 2014 - The Competition Policy Review Panel (Review Panel) has released its much anticipated Issues Paper on the 'root and...more

News Of Note - March 2014

Court Of Appeals Affirms Decision Imposing Duties On Chinese Magnesium Exporter That Lied To The Commerce Department – Cole Pfeiffer and Joshua Snead – The U.S. Court of Appeals for the Federal Circuit last month affirmed a...more

AQHA Clone Litigation: Background, Arguments, Verdict and Potential Impact

This article discusses the history of the American Quarter Horse Association's ban on the registration of cloned horses, the litigation filed to overturn the ban, the arguments of the parties, the jury verdict against the...more

Jury Finds AQHA Clone Ban Violates Antitrust Laws

A federal jury in Amarillo recently found that the American Quarter Horse Association's rule that bans registration of cloned horses or their offspring violates both state and federal antitrust laws. The AQHA, which is the...more

Court Approves $158.6 Million Settlement Obtained by BakerHostetler’s Antitrust Lawyers

The U.S. District Court for the Eastern District of Tennessee granted final approval of the $158.6 million settlement in the ongoing Southeast Milk Antitrust Litigation lawsuit brought by BakerHostetler’s antitrust lawyers....more

United States Supreme Court Victory for St. Louis-Based Monsanto

The U.S. Supreme Court, in a unanimous opinion, has held in favor of Monsanto on a patent infringement suit arising from the St. Louis-based company's Roundup Ready soybean seeds. Monsanto invented and patented a genetic...more

Trade & Manufacturing Alert - March 2013

In This Issue: - President Obama Announces Plan To Launch Talks On Transatlantic Trade And Investment Partnership; Formal Notice To Congress Will Follow - China Issues Guidelines For The Development Of Energy...more

Southeastern Milk Antitrust Litigation Concludes with $158,600,000 Settlement with Dairy Farmers of America and Related Entities

Settlement brings total award to more than $300 million; agreement includes substantial changes to business conduct in the Southeast dairy industry - CLEVELAND – January 22, 2013 – BakerHostetler is proud to announce...more

In Agricultural Regulation, A "Flawed Rate" is Not a "Filed Rate" For Damage Purposes

Notwithstanding the general applicability of the Filed Rate Doctrine, the Ninth Circuit recently held that it does not necessarily bar producer class actions for overcharges. Whether a given rating authority has “rejected” a...more

OFT Issues short-form opinion in record time

Short-form opinion on rural broadband wayleave rates - On 23 August the Office of Fair Trading (OFT) issued a non-binding short-form opinion on proposals by the National Farmers’ Union (NFU) and the Country Land and...more

Allegations of Conspiracy to Limit Crop Production: Ripe for Analysis Under Capper-Volstead

On December 2, 2011, the district court denied a motion to dismiss antitrust conspiracy claims against potato grower cooperatives in several states. In re Fresh and Process Potatoes Antitrust Litigation, United States...more

USDA Gives OK for "Organic" Labeling for Third- Party Certified Textiles; National Organic Program Policy Clarified

On May 20, 2011, the United States Department of Agriculture's National Organic Program ("NOP") issued a Policy Memorandum (PM-11-14) addressing the labeling of textile products containing organic ingredients (such as organic...more

Association of London Welsh Lawyers Launches

Association of London Welsh Lawyers Launches...more

Government Targets Agriculture Industry for Increased Antitrust Scrutiny

During the last of five joint public workshops with the U.S. Department of Agriculture (USDA) on December 8, 2010 – the first ever to examine competition issues affecting the agriculture industry – the Assistant Attorney...more

FDA to Prosecute More Aggressively With More Potent Weapons

Criminal enforcement to become a much more important component of the FDA's enforcement program....more

CFTC Solicits Comments on How the Trading of Agricultural Swaps Should Be Governed

On September 28, 2010, the Commodity Futures Trading Commission (CFTC) issued an Advanced Notice of Proposed Rulemaking (ANPRM) requesting public comments on the appropriate conditions, restrictions, or protections that...more

Commenting the Argentinean judicial antitrust ruling related to Monsanto´s European patent litigation published by GCP

This is brief commenting the only Argentine ruling on the very relevant topic of the interplay between enforcing patent rights and antitrust regulations, which was issued in September 2008 and published by the online...more

Home-Grown & Clone-Grown: Why special labeling should, but most likely will not be, mandated for the meat and milk of cloned...

Since advancements in science and technology have made possible the cloning of various farm animals, farmers and ranchers have begun to use this innovation to make their farming operations more profitable. These farmers view...more

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