View

Notice

Share

Notice of Consent Decree

On February 22, 2021, the State of Alaska, by and through its Attorney General, in its law enforcement capacity and as parens patriae on behalf of persons in the State of Alaska, commenced an antitrust action against numerous corporate entities[1] for engaging in a conspiracy to restrain production, manipulate pricing, and rig bids in order to artificially inflate the price of broiler chicken (hereinafter “Broiler(s)”)[2] throughout the United States, including in the State of Alaska. The antitrust action is entitled, State of Alaska v. Agri Stats, Inc, et al., Case No. 3AN-21-04632CI, in the Superior Court for the State of Alaska, Third Judicial District at Anchorage (the “Action”). The Complaint filed in the Action is attached to this notice. The State of Alaska brought claims against these entities for violations of AS § 45.50.562, et. seq. (engaging in a combination or conspiracy in unreasonable restraint of trade), AS § 45.50.471(a) (prohibiting unfair methods of competition and unfair or deceptive practices in the conduct of trade or commerce) and common law unjust enrichment.

 On March 21, 2024, the State of Alaska and Simmons Foods, Inc. and Simmons Prepared Foods, Inc. (“Simmons”) stipulated to entry of a Consent Decree settling all of the State of Alaska’s claims against Simmons in the Action. In exchange for a complete release of all claims against it, Simmons has agreed to pay the State of Alaska the sum of $290,000.00 and consent to certain injunctive relief for a period of five (5) years. A true and correct copy of the Consent Decree is available below this notice.



[1] The original “Defendants” were: Agri Stats, Inc.; Amick Farms, LLC; Case Foods, Inc., Case Farms, LLC, and Case Farms Processing, Inc.; Norman W. Fries, Inc. d/b/a Claxton Poultry Farms, Inc.; Fieldale Farms Corp.; Foster Farms, LLC and Foster Poultry Farms; George’s Inc. and George’s Farms, Inc.; Harrison Poultry, Inc.; House of Raeford Farms, Inc.; Keystone Foods, LLC; Koch Foods, Inc., JCG Foods of Alabama, LLC, JCG Foods of Georgia, LLC, and Koch Meat Co. Inc.; Mar-Jac Poultry, Inc.; Mar-Jac Poultry MS, LLC, Mar-Jac Poultry AL, LLC, Mar-Jac AL/MS, Inc., Mar-Jac Poultry, LLC, and Mar-Jac Holdings, Inc.; Mountaire Farms Inc., Mountaire Farms, LLC, and Mountaire Farms of Delaware, Inc.; O.K. Foods, Inc., O.K. Farms, Inc., and O.K. Industries, Inc.; Peco Foods, Inc.; Perdue Farms, Inc. and Perdue Foods LLC; Pilgrim’s Pride Corporation; Sanderson Farms, Inc., Sanderson Farms, Inc. (Foods Division), Sanderson Farms, Inc. (Production Division), and Sanderson Farms, Inc. (Processing Division); Simmons Foods, Inc. and Simmons Prepared Foods, Inc.; Tyson Foods, Inc., Tyson Chicken, Inc., Tyson Breeders, Inc., and Tyson Poultry, Inc.; and Wayne Farms LLC.

[2] “Broilers” are chickens raised for consumption to be slaughtered before the age of 13 weeks, and which may be sold in a variety of forms, including fresh or frozen, raw or cooked, whole or in parts, or as a meat ingredient in a value-added product, but excluding chicken that is grown, processed, and sold according to halal, kosher, free range or organic standards.

 

Attachments, History, Details

Revision History

Created 3/26/2024 12:06:14 PM by nrdizon
Modified 3/26/2024 12:06:36 PM by nrdizon

Details

Department: Law
Category: Public Notices
Sub-Category:
Location(s): Statewide
Project/Regulation #:
 
Publish Date: 3/26/2024
Archive Date: 9/25/2024
 
Events/Deadlines: