Tyson Wins Preliminary Approval for $85M Antitrust Settlement

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A Seven-Year Legal Battle Over Pork Price Inflation

The pork antitrust litigation, launched in 2018, accuses major meat producers of colluding to limit supply and inflate market prices using shared data provided by Agri Stats, a benchmarking firm based in Fort Wayne, Indiana.

Plaintiffs allege that by exchanging competitively sensitive information, companies coordinated production levels and stabilized prices across the industry — a scheme that, if proven, violates the Sherman Antitrust Act.

After surviving multiple motions to dismiss, the case entered discovery in 2023, uncovering thousands of pages of data and internal communications. In March 2024, Judge Tunheim denied most summary judgment motions filed by Tyson and other producers, clearing the path for trial before the new settlement offer emerged.

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Controversy Over Judge’s Clerk Clouds the Case

The litigation took a surprising turn in April, when defendants moved to recuse Judge Tunheim and vacate his rulings. They alleged that one of his law clerks previously worked at firms representing plaintiffs and allegedly had ties to another firm pursuing “Big Agriculture” litigation.

The defendants also claimed the clerk had interacted with social media posts related to the pork price-fixing case, raising questions about impartiality. Judge Tunheim has not yet ruled on the recusal request, according to court records.