Koch broiler chicken growers antitrust $15.5M class action lawsuit settlement

Koch agreed to pay $15.5 million as part of a class action lawsuit settlement to resolve claims it violated antitrust laws to reduce the amount paid broiler chicken growers.

The settlement benefits consumers or companies who were paid for broiler chickens grow-out services by Koch, other antitrust defendants and/or alleged co-conspirators between Jan. 27, 2013, and Dec. 31, 2019. 

Defendants in the chicken lawsuit are Tyson, Pilgrim’s Pride, Perdue Foods, Koch and Sanderson Farms. Alleged co-conspirators are Agri Stats, Foster Farms, Mountaire Farms, Wayne Farms, George’s, Peco Foods, House of Raeford Farms, Simmons Foods, Keystone Foods Fieldale Farms, O.K. Industries, Case Foods, Marshall Durbin Companies, Amick Farms, Mar-Jac Poultry, Harrison Poultry, Claxton Poultry Farms and Norman W. Fries.

According to a 2021 consolidated class action lawsuit, the defendants and alleged co-conspirators conspired together to reduce the amount they paid to chicken growers for broiler grow-out services.

Broiler grow-out services including raising chickens for larger distributors to sell as broiler chickens in grocery stores. Farmers may raise their own chickens and then sell them to larger companies such as Tyson or Koch for processing. 

The multidistrict litigation surrounding broiler grow-out services claims the defendants in the case illegally worked together to universally pay farmers less for broiler grow-out services. As a result of companies’ allegedly antitrust agreement, farmers and other chicken growers were allegedly denied the payments they would have received for broiler grow-out services in a fair market.

“As part of the scheme, the cartel members illegally agreed to share detailed data on grower compensation with one another, with the purpose and effect of artificially depressing grower compensation below competitive levels,” the antitrust class action lawsuit explains. 

“By disclosing their highly sensitive and confidential compensation rates to each other, they suppressed competition for broiler grow-out services and drove down compensation to all growers.”

Koch hasn’t admitted any wrongdoing but agreed to pay $15.5 million to resolve these claims. Several other chicken processors, including Tyson, agreed to pay a combined $181 million to resolve similar allegations last year.

Under the terms of the broiler growers antitrust settlement, class members can collect a cash payment based on the total payments they received from Koch, other defendants and co-conspirators. 

Each payment will represent a proportional share of the settlement fund. Class members who received a large share of the total payments included in the settlement will receive a larger share of the settlement fund.

The deadline for exclusion and objection is Sept. 23, 2022. 

The final approval hearing for the broiler chicken growers antitrust lawsuit settlement is scheduled for Oct. 28, 2022.

Claim forms are only required in certain circumstances in order to receive a payment from the chicken lawsuit settlement. 

Chicken growers who received a pre-populated claim form do not have to do anything to receive a payment. However, those who believe their pre-populated form needs to be disputed or corrected may dispute their projected settlement payments by submitting a corrected claim form by Feb. 6, 2023.

Class members who received an unpopulated claim form must complete the form and submit it along with the required documentation and/or answers on the form no later than Feb. 6, 2023.

Who’s Eligible

The settlement benefits consumers or companies who were paid for broiler chickens grow-out services by Koch, other antitrust defendants and/or alleged co-conspirators between Jan. 27, 2013, and Dec. 31, 2019.

Potential Award

Varies

Proof of Purchase

Unpopulated claim form will have to provide documentation such as settlement sheets for the broiler flocks you raised or yearend accounting statements provided to you by your integrator.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

02/06/2023

Case Name

In re Broiler Chicken Grower Antitrust Litigation No. II, Case No. 6:20-md-02977-RJS-CMR, in the U.S. District Court for the Eastern District of Oklahoma

Final Hearing

10/28/2022

Settlement Website

BroilerGrowersAntitrustSettlement.com

Claims Administrator

In re Broiler Chicken Grower Antitrust Litigation (Koch Settlement)
c/o Settlement Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
Info@BroilerGrowersAntitrustSettlement.com
833-907-3700

Class Counsel

Eric L Cramer
BERGER MONTAGUE PC

Melinda R Coolidge
Gary I Smith Jr
HAUSFELD LLP

Defense Counsel

Scott W Pedigo
Russell W Gray
BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ PC