U.S. and Kentucky v. Dairy Farmers of America, No. 6:03-206-KSF (E.D.Ky. 2007)
DOJ and Kentucky alleged that the acquisition by Dairy Farmers of American (DFA) of Southern Belle Dairy would substantially lessen competition for the sale of milk sold to schools in one hundred school districts in eastern Kentucky and Tennessee. The District Court granted summary judgment to DFA and Southern Belle. The government appealed, and the Court of Appeals reversed the grant of summary judgment as to DFA and remanded the case for trial. The Court of Appeals affirmed the dismissal of Southern Belle, leaving DFA as the only defendant. The parties then reached a settlement requiring DFA to divest its interest in Southern Belle and use its best efforts to require its partner, the Allen Family Limited Partnership (“AFLP”), to also divest its interest in Southern Belle. to Prairie Farms Dairy, Inc.
United States, Wisconsin, Illinois and Michigan v. Dean Foods, Co. No. 10-C-0059 (E.D. Wisc. 2010)
States and USDOJ challenged already consummated acquisition by Dean Foods Co of Foremost Farms USA. Complaint alleged loss of competition in two markets: School milk contracts in Wisconsin and the upper peninsula of Michigan, and fluid milk sales in Illinois, Michigan and Wisconsin, because Dean and Foremost were the first and fourth largest sellers in those states. The settlement requires Dean to divest a significant milk processing plant in Waukesha, Wis., and related assets that it acquired from the Foremost Farms USA Cooperative, including the Golden Guernsey brand name. The settlement also requires that Dean notify USDOJ before it makes any future acquisition of milk processing plants for which the purchase price is more than $3 million. In addition, the attorney general for the state of Michigan filed a separate settlement which required Dean Foods to continue to bid on school milk contracts in the Upper Peninsula until 2016, and required that their bid be based either on a Cap Price which varies based on the price of raw milk, or a set price that does not vary.
Florida v. Barber Dairies, Inc. et al., No. 89-40019-MP (N.D. Fla. 1989)
Florida sought treble damages, investigative costs, attorneys fees, and permanent injunctive relief, alleging that defendant companies conspired to enter agreements with potential competitors to rig bids on Florida county school milk requirement contracts.
New York v. Niagara Milk Cooperative, Inc. 95 Civ. 6290 (W.D.N.Y.
Niagra Milk Cooperative participated in a bid-rigging conspiracy, allocating government and private contracts among the members of the Cooperative and other co-conspirators.
New York v. Dairylea Cooperative, Inc., 547 F.Supp 306 (S.D.N.Y. May 25, 1982), 1982-83 Trade Cases P 65, 148, Docket No. 81 Civ. 1891,
Defendants overcharged for milk after entering into illegal price-fixing agreements between 1967 and 1981. The case settled for $6,100,000.
Ohio v. Louis Trauth Dairy., et al.
State of Ohio sought to recover damages from dairy suppliers who fixed prices of milk sold to 450 school districts in Ohio.
Utah v. Western Dairymen Cooperative, Inc., Civ.No. 89090147 (3rd Dist. Utah 1989)
The State of Utah brought this action against Western Dairyment cooperative, Meadow Gold Dairies and others alleging price-fixing and market allocation agreements with regard to milk and milk products sold in Utah.
Vermont and New Hampshire v. Suiza Foods Corp., No. 2:01-CV-194 (D.Vt. 2002)
Plaintiff States sought to enjoin Suiza Food Corporation (Suiza) and Stop & Shop Supermarket Company (Stop & Shop) from consummating their merger, arguing that the merger would significantly impair competition in New England for the processing and sale of fluid milk.
Connecticut v. Suiza Foods Corp., 3:01-cv-01178-AWT (D.Conn. 6/25/2001)
Plaintiff States sought to enjoin Suiza Food Corporation (Suiza) and Stop & Shop Supermarket Company (Stop & Shop) from consummating their merger, arguing that the merger would significantly impair competition in New England for the processing and sale of fluid milk.
Washington v. Darigold Inc./ Inland Northwest Corp.
Defendants contacted the Attorney General office regarding a proposed joint venture selling processed milk. A settlement was reached where the joint venture would distribute milk products to schools and to other distributors without conditions.
