throbber
Case: 1:21-cv-03668 Document #: 1 Filed: 07/09/21 Page 1 of 4 PageID #:1
`
`UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`
`
`
`
`
`Case No.: 21-CV-3668
`
`COMPLAINT
`Jury Trial Demanded
`
`
`
`
`
`
`
`
`QUALITY SUPPLY CHAIN CO-OP, INC.,
`Plaintiff,
`
`vs.
`TYSON FOODS, INC.; TYSON CHICKEN,
`INC.; TYSON BREEDERS, INC.; TYSON
`POULTRY, INC.; PILGRIM’S PRIDE
`CORPORATION; KOCH FOODS, INC.; JCG
`FOODS OF ALABAMA, LLC; JCG FOODS
`OF GEORGIA, LLC; KOCH MEAT CO.,
`INC.; SANDERSON FARMS, INC.;
`SANDERSON FARMS, INC. (FOOD
`DIVISION); SANDERSON FARMS, INC.
`(PRODUCTION DIVISION); SANDERSON
`FARMS, INC. (PROCESSING DIVISION);
`HOUSE OF RAEFORD FARMS, INC.; MAR-
`JAC POULTRY, INC.; PERDUE FARMS,
`INC.; PERDUE FOODS, LLC; WAYNE
`FARMS, LLC; GEORGE’S, INC.; GEORGE’S
`FARMS, INC.; SIMMONS FOODS, INC.;
`SIMMONS PREPARED FOODS, INC.; O.K.
`FOODS, INC.; O.K. FARMS, INC.; O.K.
`INDUSTRIES, INC.; PECO FOODS, INC.;
`HARRISON POULTRY, INC.; FOSTER
`FARMS, LLC; FOSTER POULTRY FARMS;
`NORMAN W. FRIES, INC. d/b/a CLAXTON
`POULTRY FARMS, INC.; MOUNTAIRE
`FARMS, INC.; MOUNTAIRE FARMS, LLC;
`MOUNTAIRE FARMS OF DELAWARE,
`INC.; AMICK FARMS, LLC; CASE FOODS,
`INC.; CASE FARMS, LLC; CASE FARMS
`PROCESSING, INC.; and AGRI STATS, INC.,
`Defendants.
`
`
`
`
`

`

`Case: 1:21-cv-03668 Document #: 1 Filed: 07/09/21 Page 2 of 4 PageID #:2
`
`
`
`COMPLAINT
`
`
`Plaintiff Quality Supply Chain Co-op, Inc. (“QSCC” or “Plaintiff”) is a Delaware
`
`1.
`
`corporation with its principal place of business in Dublin, Ohio. QSCC is an independent
`
`purchasing cooperative for Wendy’s supply chain in North America. QSCC is the third-largest
`
`purchasing cooperative in the quick-service restaurant industry.
`
`2.
`
`QSCC brings this action on its own behalf and pursuant to assignments with The
`
`SYGMA Network, Inc., The Sysco Corporation, Performance Food Group, Quality Custom
`
`Distribution Services, Inc., Southeastern Food Merchandisers, LP, Shamrock Food Company,
`
`Upper Lake Foods, Inc., ULF Janesville, LLC, Willow Foods Run, Inc., Harvest Distribution, Inc.
`
`and their affiliates and predecessors with respect to direct purchases from Defendants made for the
`
`Wendy’s system, supply chain and operators. The SYGMA Network, Inc., The Sysco
`
`Corporation, Performance Food Group, Quality Custom Distribution Services, Inc., Southeastern
`
`Food Merchandisers, LP, Shamrock Food Company, Upper Lake Foods, Inc., ULF Janesville,
`
`LLC, Willow Foods Run, Inc., and Harvest Distribution, Inc. on behalf of themselves and their
`
`affiliates and predecessors have assigned federal antitrust claims based on those direct purchases
`
`to QSCC.
`
`3.
`
`QSCC brings 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’ Amended Consolidated Complaint and Demand for Jury
`
`Trial, filed in In re Broiler Antitrust Litigation, Civil Action No. 1:16-cv-08637 (ECF 4243; ECF
`
`4244).
`
`
`
`-2-
`
`

`

`Case: 1:21-cv-03668 Document #: 1 Filed: 07/09/21 Page 3 of 4 PageID #:3
`
`
`
`4.
`
`QSCC joins Section II of the Direct Action Plaintiffs’ Amended Consolidated
`
`Complaint and Demand for Jury Trial, adding the following to specify the QSCC causes of action
`
`and the Defendants in the QSCC action.
`
`Plaintiff
`Name
`Quality
`Supply
`Chain Co-op,
`Inc.
`
`Named Co-
`Conspirators
`Fieldale;
`Keystone; Allen
`Harim
`
`
`
`Named
`Defendants1
`Agri Stats; Amick;
`Claxton; Foster
`Farms; George’s;
`Harrison; House of
`Raeford; Koch;
`Mar-Jac;
`Mountaire; O.K.
`Foods; Peco;
`Perdue; Pilgrim’s
`Pride; Sanderson;
`Simmons; Tyson;
`Wayne; Case
`
`Causes of Action
`
`Count I (Sherman Act
`Claim for all
`Anticompetitive
`Conduct); Count II
`(Sherman Act Claim
`for Output Restriction,
`Pled in the Alternative
`to Count I); Count III
`(Sherman Act Claim
`for GA Dock
`Manipulation, Pled in
`the Alternative to
`Count I)
`
`
`
`PRAYER FOR RELIEF
`WHEREFORE, Plaintiff respectfully requests that the Court:
`A. Enter joint and several judgments against all Defendants in favor of Plaintiff;
`
`B. Award Plaintiff treble damages, of an amount to be determined at trial, to the maximum
`extent allowed under the federal antitrust laws;
`
`C. Award Plaintiff post-judgment interest as provided by law, with such interest to be awarded
`at the highest legal rate;
`
`D. Award Plaintiff its attorneys’ fees, litigation expenses, and costs, as provided by law;
`
`E. 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 4243/ECF 4244.
`
`
`
`-3-
`
`

`

`Case: 1:21-cv-03668 Document #: 1 Filed: 07/09/21 Page 4 of 4 PageID #:4
`
`
`
`
`
`JURY DEMAND
`
`Pursuant to Federal Rule of Civil Procedure 38, Plaintiff demands a trial by jury on all of
`
`its claims and issues so triable.
`
`
`
`Dated: July 9, 2021
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/s/ Terence H. Campbell
`
`
`
`
`
`
`
`Philip J. Iovieno
`Lawrence S. Brandman
`Nicholas A. Gravante, Jr.
`Karen C. Dyer
`Jack G. Stern
`Mark A. Singer
`Gillian Groarke Burns
`Elizabeth R. Moore
`CADWALADER, WICKERSHAM & TAFT LLP
`200 Liberty Street
`New York, NY 10281
`Tel: (212) 504-6000
`Fax: (212) 504-6666
`E-mail: philip.iovieno@cwt.com
`
` lawrence.brandman@cwt.com
`
` nicholas.gravante@cwt.com
`
` karen.dyer@cwt.com
`
` jack.stern@cwt.com
`
` mark.singer@cwt.com
`
`gillian.burns@cwt.com
`
`elizabeth.moore@cwt.com
`
`Terence H. Campbell
`Cotsirilos, Tighe, Streicker,
` Poulos & Campbell
`33 N. Dearborn, Ste. 600
`Chicago, IL 60602
`Tel: (312) 263-0345
`Fax: (312) 263-4670
`E-mail: tcampbell@cotsiriloslaw.com
`
`Counsel for Quality Supply Chain Co-op, Inc.
`
`-4-
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket