`FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
`
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`FOOD LION, LLC, and MARYLAND
`AND VIRGINIA MILK PRODUCERS
`COOPERATIVE ASSOCIATION,
`INC.,
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`Plaintiffs,
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`v.
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`DAIRY FARMERS OF AMERICA,
`INC.,
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`Defendant.
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`ORDER
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`1:20-CV-442
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`The plaintiffs, Food Lion, LLC and Maryland and Virginia Milk Producers
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`Cooperative Association, have sued the defendant, Dairy Farmers of America, alleging
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`that DFA’s acquisition of three milk-processing facilities in North and South Carolina
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`violates federal antitrust law. The plaintiffs seek injunctive relief only pursuant to 15
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`U.S.C. § 18, also known as Section 7 of the Clayton Act, and 15 U.S.C. § 2, also known
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`as Section 2 of the Sherman Act. Specifically, the plaintiffs ask for an injunction
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`requiring DFA to divest at least one of the Carolina facilities to an independent
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`purchaser.
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`DFA moves to dismiss the complaint for lack of subject-matter jurisdiction and for
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`failure to state a claim. Doc. 30. Upon full consideration of the arguments in the
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`briefing, the motion will be denied. The complaint plausibly alleges facts giving rise to
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`subject matter jurisdiction and to plausible claims for relief, and the issues raised by the
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`Case 1:20-cv-00442-CCE-JLW Document 44 Filed 07/24/20 Page 1 of 2
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`
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`defendant are more suited for evaluation on a better developed factual record. The denial
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`is thus without prejudice to a motion for summary judgment.
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`It is ORDERED that the defendant Dairy Farmers of America, Inc.’s motion to
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`dismiss, Doc. 30, is DENIED.
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` This the 24th day of July, 2020.
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`_________________________________
` UNITED STATES DISTRICT JUDGE
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`2
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`Case 1:20-cv-00442-CCE-JLW Document 44 Filed 07/24/20 Page 2 of 2
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`
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