Commercial and institutional indirect pork purchasers have asked a Minnesota federal judge to preliminarily approve a $48 million settlement with Tyson Foods Inc., marking the sixth resolution in a sprawling antitrust case accusing major pork producers of conspiring to inflate prices by restricting supply and sharing sensitive market data through consulting firm Agri Stats.
If approved by U.S. District Judge John R. Tunheim, the agreement would raise total recoveries for the certified class to $114 million as the years-long litigation heads toward trial against the last remaining defendant, Triumph Foods LLC.
In a 26-page memorandum filed Tuesday, the plaintiffs argued that Tyson’s proposed eight-figure settlement is fair, reasonable and adequate, especially in light of the risks and costs associated with proceeding to trial. The deal would provide both monetary relief and significant cooperation obligations, requiring Tyson to assist the class in prosecuting its claims against Triumph Foods by authenticating documents and making witnesses available on the same terms as any non-settling defendants.
The lawsuit, first filed in 2018, alleges that Tyson and other major pork processors coordinated to suppress competition and stabilize prices by exchanging confidential production and sales data through Agri Stats, a Fort Wayne-based analytics firm. The plaintiffs claim this conduct violated federal antitrust law and resulted in artificially high pork prices for commercial and institutional buyers, as well as consumers.
After the case survived motions to dismiss, Judge Tunheim in 2024 certified multiple classes, including direct purchasers, consumer indirect purchasers and commercial indirect purchasers. In a sweeping 232-page ruling issued last year, the court granted summary judgment only to Hormel Foods Corp., finding it was the sole defendant that had not subscribed to Agri Stats’ benchmarking program. The judge denied summary judgment for the remaining producers and rejected a joint defense bid to defeat the claims under a per se theory of liability.
To date, five defendants — Hormel, JBS USA, Smithfield Foods, Seaboard Foods and Clemens Food Group — have reached settlements with the commercial and institutional indirect purchaser class. Tyson’s proposed agreement would leave Triumph Foods as the sole company still facing trial.
The plaintiffs also noted that the settlement structure divides relief between an injunctive class and a damages class, with the latter excluding indirect purchasers in states that have not repealed the U.S. Supreme Court’s Illinois Brick doctrine, which limits antitrust standing to direct buyers.
Class counsel said they will seek court approval of attorney fees and expenses at a later stage. Tyson and the other parties did not immediately comment on the motion.
