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ARTICLE · 07 NOVEMBER 2014

Agricultural Cooperative Antitrust Litigation Continues To Mushroom

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Pennsylvania District Court certifies five year ruling for interlocutory appeal, that mushroom cooperative is not immune from antitrust claims based upon "advice of counsel" argument.

United StatesAntitrust/Competition Law
Don Hibner, Jr
Don Hibner, Jr
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Pennsylvania District Court certifies five year ruling for interlocutory appeal, that mushroom cooperative is not immune from antitrust claims based upon "advice of counsel" argument. In Re Mushroom Direct Purchaser Antitrust Litigation, Case No. 2:06-cv-00620, (E.D. Pa. October 17, 2014.)

The multidistrict litigation over alleged price fixing in the mushroom market is one of many antitrust class actions pending against cooperatives in various agricultural industries throughout the United States. These include In Re Fresh & Processed Potatoes Antitrust Litigation, (MDL No. 2186 D. Idaho) and In Re Processed Egg Products Antitrust Litigation, MDL No. 2002 (E.D. Pa.) These cases involve the scope of immunity for agricultural cooperatives pursuant to the Capper-Volstead Act of 1922, 7 U.S.C. §291-292. The Capper-Volstead Act provides agricultural coops with a limited scope of immunity to agree to fix sales prices through "collectively processing, preparing for market,

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