ARTICLE · 23 OCTOBER 2013
October Antitrust Bulletin
On October 7, in DairyAmerica, Inc. v. Carlin, the U.S. Supreme Court refused to review the Ninth Circuit’s ruling that overturned the dismissal of monetary claims in an action brought by dairy farmers alleging that Dairy America, Inc., and California Dairies, Inc. (together, "Dairy America"), misreported pricing data to the United States Department of Agriculture (USDA).
United StatesAntitrust/Competition Law
Supreme Court Refuses Milk Pricing Class Action Appeal
On October 7, in DairyAmerica, Inc. v. Carlin, the U.S. Supreme
Court refused to review the Ninth Circuit's ruling that
overturned the dismissal of monetary claims in an action brought by
dairy farmers alleging that Dairy America, Inc., and California
Dairies, Inc. (together, "Dairy America"), misreported
pricing data to the United States Department of Agriculture (USDA).
The USDA sets the minimum dairy prices by issuing federal milk
marketing orders based on pricing data reported by distributors
such as Dairy America. The district court had dismissed the
farmers' monetary claims as barred by the filed rate doctrine,
a rule that bars private actions in certain industries where the
pricing terms are set by the sectors' federal overseers.
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