* 5th Circuit overturns $25 million damages award
* Plant closure deemed legitimate response to overproduction
By Jonathan Stempel
Aug 27 Pilgrim's Pride Corp, one of the
world's largest chicken producers, persuaded a federal appeals
court to overturn a damages award of more than $25 million to
several dozen contract poultry growers that accused it of
violating antitrust law by trying to manipulate poultry prices.
A panel of the 5th U.S. Circuit Court of Appeals in New
Orleans said on Tuesday a federal magistrate judge erred in
finding that Pilgrim's Pride's decision to idle a chicken
processing plant in El Dorado, Arkansas, in May 2009 and end
contracts with the growers was motivated by a desire to control
The two-judge panel said the closure was "neither
illegitimate nor anti-competitive" given that Pilgrim's Pride
had been driving down prices by producing too much, and "wisely"
decided to stop flooding the market with unprofitable chicken.
It also said a unilateral attempt to raise prices is not in
itself inherently anti-competitive.
"PPC's conduct was merely the legitimate response of a
rational market participant to changes in a dynamic market," the
panel said in an unsigned decision. "If a firm inadvertently
overproduces a good and drives down prices, it does not break
the law by cutting production so that prices may recover."
Mark Brodeur, a lawyer for the growers, did not immediately
respond to requests for comment. A Pilgrim's Pride spokeswoman,
Rosemary Geelan, did not immediately respond to similar
Pilgrim's Pride shut the plant five months after filing for
bankruptcy protection in December 2008, amid rising feed costs
and low meat prices. The Greeley, Colorado-based company emerged
from Chapter 11 in December 2009, and is now majority-owned by
Brazilian meat company JBS SA.
Tuesday's decision overturned a December 2011 ruling by U.S.
District Judge David Folsom in the Eastern District of Texas,
which largely upheld a ruling on damages three months earlier by
U.S. Magistrate Judge Charles Everingham.
The case is Pilgrim's Pride Corp v. Agerton et al, 5th U.S.
Circuit Court of Appeals, No. 12-40085.