The whole Bar Farm Hausfelds Class Growers launched a supply control campaign by using membership funds [from EMMC] collected during 2001 and 2002 to acquire and subsequently dismantle non-EMMC mushroom growing operations in order to support and maintain artificial price increases. [The Purchasers] allege that the EMMC repeatedly would purchase a mushroom farm or a parcel of farmland and then sell or exchange that farm or parcel at a loss, attaching a permanent or long-term deed restriction to the land prohibiting the conduct of any business related to the growing of mushrooms.... ... Litigation • In re Mushrooms Antitrust Litigation, appeal dism’d sub nom. In re Mushroom Direct Purchaser Antitrust Litigation,655 F.3d 158 (3rd Cir. 2011) • In re Processed Egg Products Antitrust Litigation, 821 F.Supp.2d 709 (E.D.Pa. 2011) • In re Fresh and Process Potatoes Antitrust Litigation, 834 F.Supp.2d 1141 (D.Idaho 2011) • Edwards v. National Milk Producers Federation et al., Order Regarding Motion to Dismiss Consolidated Amended Complaint, File No. No. C 11- 04766 (N.D. Cal. Oct. 30, 2012) lacba.org/Files/Main%20Folder/Sections/Antitrust/Files/LACBA_Capper_Volstead_Presentation_Ondeck_Kupfer_Fabish.pdf Overview • Capper Volstead – main components • Key Open Issues – Membership roles for cooperative - “technical mistake” – Integrated Entities (producer and processor) – Supply control (pre-production) – Standard-setting (non-physical attributes, such as locally grown, fair wage) • Litigation Strategy ... Capper Volstead – Main Components • To which associations/cooperatives does the law apply? • What is the extent of the conduct for which the law provides antitrust immunity? Hausfelds Class Farm: To which cooperatives does the law apply? • Applies to qualifying associations of “persons engaged in the production of agricultural products as farmers, planters, ranchmen, dairymen, nut or fruit growers”….. The whole Bar Farm: Cooperative Membership Roles: Producers • Only “producers” may be members • What if an incorrect entity is listed on the member ship roles in error? lacba.org/Files/Main%20Folder/Sections/Antitrust/Files/LACBA_Capper_Volstead_Presentation_Ondeck_Kupfer_Fabish.pdf
Posted on: Thu, 16 Jan 2014 05:58:55 +0000
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