Appeals Court Upholds Defense Verdict in Eggs Class Action.

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.” EI President Jonathan Walker testified at the jury trial regarding competitive effects and antitrust injury. In Re Proc. Egg Products Antitrust Litig., Slip op. (June 22, 2020 3d Cir.)