Archives: Agriculture

Has the Third Circuit Just Scrambled ‘Umbrella Damages’?

By Danyll Foix on February 6, 2018 Posted in Agriculture, Antitrust Litigation

A recent decision by the Third Circuit permits plaintiffs to pursue antitrust damages for egg products supplied by non-conspiring parties. This decision could represent a crack in the “umbrella damages” rule that precludes plaintiffs from seeking damages for transactions with parties that are not part of an alleged antitrust conspiracy. Umbrella damages often come up … Continue Reading

Antitrust Partner Dan Foix Presents at AAI Conference

By BakerHostetler on October 31, 2017 Posted in Agriculture, Events

Danyll Foix, an antitrust partner in BakerHostetler’s Washington, DC office, will be a speaker at the 11th Annual Private Enforcement Conference of the American Antitrust Institute on November 7, 2017. Foix will join a panel discussion of “Agriculture Antitrust Class Actions,” which will review recent private enforcement actions in agricultural industries, consider challenges specific to such cases, and … Continue Reading

There Was a Panel on What?? Notes on the ABA Antitrust Spring Meeting Panel on Marijuana Law

By Julian Perlman on April 14, 2016 Posted in Agriculture, Events

Attendees at this year’s Spring Meeting may have been surprised by an unexpected panel: an overview of the status of the law related to the legalization of marijuana and antitrust issues facing the nascent industry. However, a single number explains why the ABA and others are beginning to address a topic that many legal practitioners … Continue Reading

Mushroom Court Ruling Sprouts Controversy on Whether Reliance on Lawyer Advice Maintains Affirmative Defense to Antitrust Claims

By Danyll Foix on October 27, 2014 Posted in Agriculture, Antitrust Exemptions & Immunities, Antitrust Litigation

A federal district court recently ruled that claims of “good faith reliance on counsel” were not sufficient to maintain a Capper-Volstead affirmative defense to the antitrust laws – a result that may soon collide with rulings by other courts considering the same issue. Several years ago, a Pennsylvania mushroom cooperative, its members, and various other … Continue Reading

BakerHostetler Lawyers Publish Chapter on Antitrust Trends in U.S. Agribusiness

By Danyll Foix on January 27, 2014 Posted in Agriculture, BakerHostetler

The 2014 Antitrust Review of the Americas features a chapter, “‘United States: Private Antitrust Litigation,” authored by BakerHostetler Antitrust Chair Robert G. Abrams, Partner Gregory J. Commins Jr., and Partner and Editor of Antitrust Advocate Danyll W. Foix. They write, “The US agriculture and food market has become increasingly concentrated in several sectors and across multiple levels. … Continue Reading