The U.S. Department of Justice (DOJ) and multiple states are pressing ahead with their antitrust case against Agri Stats, telling a Minnesota federal court that the company has facilitated the exchange of sensitive production and pricing information across the chicken, pork and turkey sectors for decades.
In a new filing, government enforcers opposed Agri Stats’ attempt to end the case ahead of trial through summary judgment. Agri Stats argued that it has already discontinued its pork and turkey reporting programs, and that there is no proof its chicken benchmarking raised prices. The DOJ’s response sharply disagrees.
Government: “Near-Total Visibility” Into Competitors
According to the DOJ, Agri Stats’ activities go far beyond the publication of industry reports. Officials told the court that processors receive “near-total visibility” into competitors’ operations through:
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Detailed benchmarking books
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Data downloads
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In-person and remote review sessions
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Industry updates
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Telephone and email exchanges
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Special reports and projects
The filing argues that this breadth of information allows dominant processors to monitor rivals’ production, costs, and pricing strategies — ultimately enabling coordinated price increases.
Evidence of Pricing Impact, DOJ Says
The government says evidence in the record shows that major poultry companies — including Tyson, Pilgrim’s Pride and Sanderson Farms — regularly used Agri Stats information to support price increases. Specific examples are redacted in the public court filing, but enforcers say the internal documents and testimony demonstrate a clear pattern.
The DOJ also cites expert economic analysis claiming that:
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Chicken prices rose when processors relied on Agri Stats data
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Turkey and pork prices fell after Agri Stats discontinued those reports
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Producers across all three proteins used Agri Stats data in similar ways
This, they argue, creates a genuine dispute of material fact that must be heard at trial.
Why Dropping the Reports Doesn’t End the Case
Agri Stats maintains that pork and turkey claims should be dismissed since those benchmarking programs are no longer active. However, the DOJ says internal evidence shows Agri Stats is prepared to restart those services once litigation ends.
The government also notes that Agri Stats continues to maintain relationships with many former pork and turkey subscribers through its chicken program.
Broader Antitrust Concerns in Protein Markets
The DOJ lawsuit does not directly name any meat companies as defendants, but alleges that Agri Stats’ customers — including Tyson Foods, Sanderson Farms, Cargill and others — account for up to 90% of U.S. sales in chicken, pork, and turkey. Regulators say that sharing detailed competitive intelligence in such a concentrated industry can undermine normal market competition.
Agri Stats argues that its services are pro-competitive, helping producers improve efficiency and lower costs through benchmarking, not price coordination.
Judge Previously Declined to Toss the Case
U.S. District Judge John Tunheim has already rejected one attempt to end the case, ruling last year that the DOJ’s claims should move forward. Agri Stats has since asked the judge to step aside due to a law clerk’s past involvement in related matters — a move enforcers called unfounded. A similar recusal attempt was recently denied in parallel private litigation.
Background: A Web of Related Lawsuits
The Agri Stats case is one piece of a broader antitrust landscape:
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Private lawsuits accuse poultry, pork and turkey processors of price fixing
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Several companies have faced DOJ scrutiny over alleged information sharing
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A separate DOJ case in Maryland challenges wage-related data exchanges involving Agri Stats
The outcome of the Minnesota case could influence how benchmarking and data-sharing programs operate in the protein sector going forward.
What’s Next
The case — U.S. et al. v. Agri Stats Inc., No. 0:23-cv-03009 — is moving toward trial. For now, the DOJ is positioning the matter as a significant competition issue affecting nationwide pricing in three major meat categories.
Swine Web will continue tracking developments as the industry awaits a ruling on whether the case proceeds to a full trial.
