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Litigation Counsel <a href="http://www.bakerlaw.com/danyllwfoix/">Danyll W. Foix</a> examines recent litigation decisions regarding the Capper-Volstead Act in the Spring 2013 ABA Antitrust Section Agriculture and Food Committee e-Bulletin.  Capper-Volstead has been squarely raised in recent litigation involving mushrooms, milk, eggs, potatoes, cattle, and other agricultural products. In addition to addressing the substance of Capper-Volstead, decisions in these cases have considered a number of procedural and practical issues that arise in Capper-Volstead litigation.  “Litigating Capper-Volstead Cases: Developments and Insights from Recent Decisions” reviews developments and insights for litigating Capper-Volstead cases. These developments provide valuable guidance for prosecuting dispositive motions grounded on the act, handling Capper-Volstead-related discovery, applying class certification to Capper-Volstead entities, introducing Capper-Volstead evidence at trial, and appealing Capper-Volstead-related rulings.  With this guidance, Foix writes, the framework is set for courts to decide emerging substantive Capper-Volstead issues – including the looming question of whether Capper-Volstead protects producers and cooperatives from antitrust liability for engaging in so-called “supply management” practices.  <a href="http://www.americanbar.org/content/dam/aba/publications/antitrust_law/at800006_newsletter_2013spring.authcheckdam.pdf">Read full article</a>.

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Foix Examines Capper-Volstead Act in Light of Recent Litigation in ABA Antitrust Section Agriculture and Food Committee e-Bulletin

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