Tyson agrees to pay $48M to settle another pork price-fixing class action

Tyson class action settlement overview:

• Who: Tyson Foods Inc. agreed to pay $48 million to settle claims it conspired to fix the price of pork.
• Why: The settlement resolves claims Tyson conspired with other pork producers to fix the price of pork by constricting supply.
• Where: The Tyson class action lawsuit was filed in Minnesota federal court.

Tyson Foods Inc. agreed to pay $48 million to resolve claims it conspired to fix the price of pork.

The Tyson class action settlement benefits a class of indirect commercial purchasers of pork who purchased certain pork products from defendants or co-conspirators for their own use in commercial food preparation in the United States between June 28, 2014, and June 30, 2018.

Commercial and institutional indirect purchaser plaintiffs (CIIPPs) filed a motion for preliminary approval of the settlement Jan. 27 in Minnesota federal court.

Plaintiffs argue the settlement is fair and reasonable, especially when considering the potential costs and risks of taking the case to trial. The settlement will bring the total monetary relief in the pork price-fixing litigation to more than $114 million, plaintiffs say.

The Tyson pork price-fixing settlement includes a payment of $48 million and non-monetary relief, including Tyson’s assistance with the authentication of documents that CIIPPs may use at trial and access to potential trial witnesses.

In exchange, the CIIPPs agree to release Tyson from claims that it engaged in a conspiracy to constrict the supply of pork in the United States, which allegedly resulted in inflated prices.

Tyson pork price-fixing settlement is sixth CIIPP settlement in pork litigation

The Tyson pork price-fixing settlement is the sixth settlement the CIIPPs have negotiated in the pork price-fixing litigation. The CIIPPs previously reached settlements with JBS, Smithfield, Seaboard, Hormel and Clemens.

The CIIPPs claim the pork price-fixing conspiracy was facilitated by Agri Stats, which allegedly exchanged non-public information among pork producers that allowed them to control the supply and price of pork.

Tyson previously agreed last year to pay $85 million to a class of indirect purchasers of pork products to resolve claims it conspired with other pork producers to fix the price of pork products. 

The Tyson class action settlement was the fifth reached in the major antitrust litigation arguing Tyson and other pork producers conspired with the data firm Agri Stats to inflate pork prices by limiting supply in the U.S. market.

What do you think about the Tyson pork price-fixing settlement? Let us know in the comments.

The CIIPPs are represented by Shawn M. Raiter of Larson · King LLP and Michael Flannery of Cuneo Gilbert Flannery & LaDuca LLP.

The Tyson class action settlement is In re: Pork Antitrust Litigation, Case No. 18-cv-1776, in the U.S. District Court for the District of Minnesota.

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