`
`
`UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`
`CAMPBELL SOUP COMPANY, CAMPBELL
`SOUP SUPPLY COMPANY L.L.C., AND
`PACIFIC FOODS OF OREGON, LLC,
`
`Plaintiffs,
`v.
`AGRI STATS, INC., ET AL.,
`
`
`
`Defendants.
`
`
`
`
`
`
` Case No.:
`
` Jury Trial Demanded
` (Related to In re Broiler Chicken Antitrust
` Litigation – Case No.: 1:16-cv-08637)
`
`
`
`COMPLAINT
`
`1.
`
`Plaintiff Campbell Soup Company, is a New Jersey corporation with its principal
`
`place of business in Camden, New Jersey; Plaintiff Campbell Soup Supply Company L.L.C., is a
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`Delaware corporation with its principal place of business in Camden, New Jersey; Plaintiff Pacific
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`Foods of Oregon, LLC, is an Oregon corporation with its principal place of business in Tualatin,
`
`Oregon (collectively “Campbell” or “Plaintiffs”). Campbell is a manufacturer and marketer of
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`high-quality, branded food and beverage products.
`
`2.
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`Campbell, a direct purchaser of Broilers from several producer Defendants, brings
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`this action under the federal antitrust laws against the Defendants identified below and incorporates
`
`by reference the factual allegations and reservations of rights contained in the Direct Action
`
`Plaintiffs’ Consolidated Complaint and Demand for Jury Trial, filed in In re Broiler Antitrust
`
`Litigation, Civil Action No. 1:16-cv-08637 (ECF 3924; ECF 3922).
`
`
`
`
`
`
`
`Case: 1:20-cv-06481 Document #: 1 Filed: 10/30/20 Page 2 of 3 PageID #:2
`
`3.
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`Campbell’s joins Section II of the Direct Action Plaintiffs’ Consolidated Complaint
`
`and Demand for Jury Trial, adding the following to specify Campbell’s causes of action and the
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`Defendants in Campbell’s action:
`
`Plaintiff Name
`
`Named Defendants1
`
`Causes of Action
`
`Campbell Soup Company;
`Campbell Soup Supply
`Company, L.L.C.;
`Pacific Foods of Oregon,
`LLC
`
`Stats; Case;
`Agri
`Claxton;
`Fieldale;
`Foster
`Farms;
`George’s; Harrison;
`House of Raeford;
`Keystone; Koch; Mar-
`Jac; Mountaire; O.K.
`Foods; Peco; Perdue;
`Pilgrim’s
`Pride;
`Sanderson; Simmons;
`Tyson; Wayne
`
`Count I (Sherman Act Claim for
`all Anticompetitive Conduct);
`Count II (Sherman Act Claim for
`Output Restriction); Count III
`(Sherman Act for GA Dock
`Manipulation)
`
`
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff respectfully requests that the Court:
`
`A.
`
`B.
`
`Enter joint and several judgments against all Defendants in favor of Plaintiff;
`
`Award Plaintiff treble damages, of an amount to be determined at trial, to the
`
`maximum extent allowed under the federal antitrust laws;
`
`C.
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`Award Plaintiff post-judgment interest as provided by law, with such interest to be
`
`awarded at the highest legal rate;
`
`D.
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`Award Plaintiff its attorneys’ fees, litigation expenses, and costs, as provided by
`
`law;
`
`E.
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`Grant Plaintiff such other and further relief to which Plaintiff is entitled.
`
`
`1 The Defendants named in this Complaint include the entire Defendant family of each Defendant
`in this table, identified in Section IV.B. of ECF 3922/ECF 3924.
`
`
`
`2
`
`
`
`Case: 1:20-cv-06481 Document #: 1 Filed: 10/30/20 Page 3 of 3 PageID #:3
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`
`
`JURY DEMAND
`
`Pursuant to Federal Rule of Civil Procedure 38, Plaintiff demands a trial by jury on all of
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`its claims and issues so triable.
`
`
`October 30, 2020
`
`
`
`
`
`BY:
`
`/s/Kevin G. Owens, IL ARDC #6185926
` One of Plaintiffs’ attorneys
`
`
`
`
`
`
`
`Scott E. Gant
`BOIES SCHILLER FLEXNER LLP
`1401 New York Avenue, NW
`Washington, DC 20005
`Telephone: (202) 237-2727
`Fax: (202) 237-6131
`Email: sgant@bsfllp.com
`Attorneys for Plaintiffs
`
`
`
`
`
`
`Kevin G. Owens – ARDC No.: 6185926
`JOHNSON & BELL, LTD.
`33 West Monroe Street - Suite 2700
`Chicago, Illinois 60603
`(312) 372-0770
`(312) 372-9818 (Fax)
`owensk@jbltd.com (Email)
`Local Counsel for Plaintiffs
`
`
`
`
`
`3
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`