The New York Times Magazine: The Chicken Tycoons vs. the Antitrust Hawks

Former Pilgrim’s Pride CEO Jayson Penn and other chicken industry executives were acquitted of price fixing charges last summer following the US Department of Justice’s third attempt to convict them. Two earlier trials in the case resulted in hung juries. “What this case shows, at least to me, is that populism is not really a strategy for law enforcement,’ said Michael Tubach of O’Melveny & Myers LLP, who represented Penn. “You can issue all the press releases you want and get as much publicity as you want about these kinds of kitchen table issues, but in order to secure a criminal conviction, you still have to do your homework. And I think it’s pretty clear in this case, the government didn't do its homework.”

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