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Levine quoted in Global Competition Review article on antitrust case

9/24/2015
After a lengthy case dating back to 2008, federal judge Gene Pratter denied class certification to indirect purchasers of eggs. The case involved allegations that egg purchasers engaging in price-fixing in violation of state and federal antitrust laws. Two days later, Pratter granted certification to direct purchasers of eggs.

Partner Jay Levine was quoted in the Global Competition Review article, “Judge certifies direct egg purchaser class, after denying indirects,” which published Sept. 23, 2015.

From Global Competition Review, Pallavi Guniganti reporting:
“… ‘The court concludes that common issues predominate with respect to the antitrust injury to the shell eggs subclass. The egg products subclass, however, is a different story,’ Judge Pratter wrote.

Despite having trusted the plaintiffs’ expert, Gordon Rausser, in his analysis of the shell egg market, the judge found his analyses of the egg products market to lack rigor, especially regarding the substitutability of egg products for each other and varying levels of quality.

Porter Wright Morris & Arthur partner Jay Levine, who represents egg producer Rose Acre, told GCR USA that the defendants are ‘still reviewing the opinion and considering all of our options,’ including whether to appeal the decision to the Third Circuit…”