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Global Competition Review: Judge Questions Purpose and Policy Behind Third Broiler Chicken Trial

April 21, 2022


Judge Philip Brimmer asked assistant attorney general Jonathan Kanter to defend the logic behind the US Department of Justice’s pursuit of a third trial against poultry executives over price-fixing charges. The US District Court for the District of Colorado declared two mistrials in the case after juries were unable to establish verdicts in December and last month. The DOJ dropped charges against five of the 10 original defendants following the second mistrial. “How many times does the department say ‘we believe in our case’ as opposed to ‘let’s look at the evidence,’” Judge Brimmer said. Former Pilgrim’s Pride CEO Jayson Penn, who is one of the five remaining defendants, is represented by Michael Tubach, Anna Pletcher, and Brian Quinn of O’Melveny & Myers LLP.

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