Principal Barry C. Harris testifies on behalf of Dairy Farmers of America.

Barry C. Harris and David D. Smith recently worked on behalf of Dairy Farmers of America (“DFA”) in a case involving partial acquisitions. In April 2003, the Department of Justice (DOJ) filed a complaint in federal court opposing the February 2002 transaction that gave the dairy farmer cooperative, Dairy Farmers of America, 50 percent ownership of the Southern Belle dairy in Somerset, Kentucky. DFA already was a 50 percent owner of the Flav-O-Rich dairy in nearby London, Kentucky. On August 31, 2004 the court granted the summary judgment motions of DFA and Southern Belle, finding that because of the limited and passive nature of DFA’s ownership interests in each of the dairies the incentives and opportunities for collusion are not substantially changed by DFA’s dual ownership interests.