Pilgrim's Pride Corp. has agreed to settle a class action lawsuit brought against them by broiler chicken growers who allege that Pilgrim's unlawfully conspired with its competitors to artificially reduce the amounts all competitors paid to broiler chicken growers for broiler grow-out services. 

Broiler grow-out services refers to arrangements in which broiler chicken growers grow young chickens until the birds reach slaughtering age, under contract with companies that supply the young birds, commonly referred to as "Integrators." Pilgrim's denies that it did anything wrong and has asserted defenses to the claims against them.

Plaintiffs and members of the certified class are nationwide group of broiler chicken growers that raised broilers for Pilgrim's and other companies that contract with broiler chicken growers. The companies contracting with broiler chicken growers and which are alleged to have conspired in this lawsuit are referred to as "defendants"¹ or "alleged co-conspirators."² Pilgrim's is the last remaining defendant and this settlement, if approved, will finally resolve the case. Plaintiffs previously reached settlements with Tyson ($21 million), Perdue ($14.75 million), Koch ($15.5 million), and Sanderson ($17.75 million).

What does the settlement provide? Pilgrim's will pay $100 million into a settlement fund to settle the class action antitrust and Packers and Stockyards Act ("PSA") claims against it. In addition, Pilgrim's has agreed to certain restrictions on its ability to enforce arbitration provisions against Broiler chicken growers and on its ability to enforce provisions restricting collective or class actions brought by broiler chicken growers against Pilgrim's. Pilgrim's denies any wrongdoing.

Am I eligible to receive a payment from the settlement? You may be eligible to receive a payment if you reside in the US or its territories and were paid by any defendant or any alleged co-conspirator to provide broiler grow-out services at any time between Jan. 27, 2013, and Dec. 31, 2019. To learn more about this case and the defendants and alleged co-conspirators, visit www.BroilerGrowersAntitrustSettlement.com.

How do I get a payment from the settlement? If you received a pre-populated claim form and the information contained therein is correct, you do not need to do anything further to receive a payment. If you disagree with the information contained in the pre-populated claim form you received, you may submit the claim form with corrected information and documentation. If you received a blank Claim Form, you must complete and submit that claim form by April 17, 2025, to receive a payment from the settlement fund. You may access a claim form from the website and submit it online or download and mail it to the address on the claim form. Claim forms are also available by calling 833-907-3700 or emailing Info@BroilerGrowersAntitrustSettlement.com.

What are my rights? If you are a class member and do nothing, you will be bound by the settlement and will give up any right to sue Pilgrim's in a separate lawsuit related to the legal claims in this lawsuit. If you want to keep your right to separately sue Pilgrim's, you must exclude yourself from the settlement by Dec. 3, 2024. If you do not exclude yourself, you may object to the settlement and/or ask for permission to appear and speak at the Fairness Hearing but only if you do so by Dec. 3, 2024. Complete information is available at www.BroilerGrowersAntitrustSettlement.com.

The court's hearing. The court will hold a hearing at 2:30 p.m. CST on Jan. 7, 2025, to decide whether to approve the settlement, grant the requested attorneys' fees of up to one-third of the gross settlement amount, unreimbursed litigation costs and expenses not to exceed $2 million, and the proposed plan of allocation and distribution. You or your own lawyer may appear and speak at the hearing at your own expense, but there is no requirement that you or your own lawyer do so. The hearing is presently scheduled to occur remotely, over a Zoom platform, or it may occur in person, at the United States District Court for the Eastern District of Oklahoma, located at 101 N. 5th St., Muskogee, Okla., 74401. Check www.BroilerGrowersAntitrustSettlement.com for updates as to the location of the hearing.

Source: Angeion Group