In October, Sanderson Farms, now Wayne-Sanderson Farms declined to settle with the Department of Justice over alleged collusion through use of a benchmarking cost system. In a six-week trial, it was determined that Sanderson Farms did not conspire to fix chicken prices.
The Plaintiffs will now request a new trial. This is based on the contention that the defense presented by Sanderson with respect to economic data was inadequate to support their case. The Plaintiffs also advance the contention that circumstantial evidence including allegations of collusion and trade association meetings and private communications as discovered suggested a conspiracy. The Plaintiffs also maintain that alleged errors made by the Court during the summary judgment decision, warranting a new trial.
As far as the lawyers are concerned, the integrator collusion cases represent a gift that keeps on giving.