EI President Jonathan Walker testified on behalf of the egg producers at trial regarding competitive effects.

The U.S. Court of Appeals for the Third Circuit upheld a jury verdict in favor of the defendants in a class action involving over $1 billion in claimed overcharges related to an alleged conspiracy to restrict the supply of eggs. A jury found that the alleged conspiracy did not unreasonably restrain supply. On appeal, Plaintiffs challenged the District Court’s decision to apply the rule of reason, arguing for a per se standard instead. The Circuit panel affirmed the District Court’s decision noting that “the jury’s finding that the restraints on competition at issue in this case were reasonable is a good indicator that the plaintiffs’ demand for per se liability is off.” In Re Proc. Egg Products Antitrust Litig., Slip op. (June 22, 2020 3d Cir.)