Analysis Group Supports Successful Acquittals in Broiler Chicken Antitrust Criminal Matter

Date:August 12, 2022
Location:Boston, MA
Contact:Eric Seymour
978 273 6049

A team from Analysis Group, one of the largest international economics consulting firms, supported affiliated expert Professor Edward A. Snyder, who provided testimony on behalf of defendants in a criminal antitrust price-fixing matter brought by the federal government. The defendants were former executives at leading poultry processing companies.

In the matter (US v. Penn, et al.), the US Department of Justice (DOJ) alleged that the defendants engaged in an agreement to fix prices and rig bids for broiler chickens between 2012 and 2019. The DOJ charged the defendants with a criminal violation of Section 1 of the Sherman Act for an alleged conspiracy to restrain trade. Following a hung jury in two prior trials, the DOJ took the unprecedented step of trying the case a third time.

In all three trials, an Analysis Group team led by Managing Principal Andrea Okie, and including Principal Mark Lewis, Vice Presidents Kevin Gallagher and David Smith, and Manager Ishita Rajani, supported the defense and Professor Snyder, William S. Beinecke Professor of Economics and Management, Yale School of Management.

In his expert analysis assessing whether there was economic evidence consistent with a price-fixing agreement, Professor Snyder testified that his analysis of objective economic data did not support the DOJ’s theory of price-fixing and bid rigging. He testified that information exchanges are expected in the broiler chicken industry and do not indicate price-fixing. He also showed that pricing patterns were inconsistent with the DOJ’s theory and that the at-issue prices were not systematically higher than benchmark prices analyzed for the case. Professor Snyder, instead, found that the at-issue prices and price changes were consistent with the supply and demand conditions in the broiler chicken industry.

Following the third trial, spanning five weeks in the US District Court for the District of Colorado, a jury acquitted all defendants.

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About Analysis Group:

Analysis Group is one of the largest international economics consulting firms, with more than 1,000 professionals across 14 offices in North America, Europe, and Asia. Since 1981, we have provided expertise in economics, finance, health care analytics, and strategy to top law firms, Fortune Global 500 companies, and government agencies worldwide. Our internal experts, together with our network of affiliated experts from academia, industry, and government, offer our clients exceptional breadth and depth of expertise.