The third trial of executives who allegedly colluded to fix the price of supply contracts is taking place in Colorado in a U.S. District Court presided over by Judge Phillip Brimmer.  The first case was heard in December 2021 and the second in March 2022, both resulting in hung juries.

The Department of Justice Antitrust Division is intent on prosecuting Pilgrim’s Pride former CEOs Jayson Penn and William Lovette and Claxton Poultry President Mikell Fries, V.P. Scott Brady and Roger Austin, formerly with Pilgrim’s Pride.

The Department of Justice believes that reducing the number of defendants and simplifying submissions will convince a jury that illegal, anticompetitive action occurred, given the evidence presented.  Although apparently skeptical of the DOJ case, Judge Brimmer rejected a defendant’s request to dismiss the indictments.