The US Court of Appeals for the Third Circuit is set to hear an antitrust dispute centered around whether an agricultural collective is still protected from antitrust law even with an accidental inclusion of a non-agricultural member.
According to reports, a decision was issued in 2009 that found the cooperative, the Eastern Mushroom Marketing Cooperative, violated antitrust law by conspiring with members of agricultural production. The cooperative included a non-agriculture member, mushroom distributor Cutone, and therefore was not exempt from antitrust law.
But the cooperative appealed the case based on the argument of two Supreme Court cases.
The cooperative originally faced legal action for price-fixing. The Third Circuit will now hear the case.
Full content: The Legal Intelligencer
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