OnPoint Analytics

Settlement in Herd Retirement Antitrust Case

Analysis performed by OnPoint expert Dr. John Connor helped secure a settlement for Winn-Dixie in its dispute with major dairy cooperatives concerning the Cooperatives Working Together “CWT” Herd Retirement Program. The settlement resolved a dispute centered on allegations that the Defendants participated in a conspiracy to limit the production of raw farm milk through premature “herd retirements”, thereby reducing the supply of milk. The alleged result of the conspiracy was an increase in the price of raw farm milk.

Dr. Connor submitted an initial expert report and provided testimony on behalf of Plaintiff Winn-Dixie, analyzing the market for milk and dairy products and evaluating the feasibility of the Herd Retirement Program to raise prices. He also analyzed the extent to which the CWT Herd Retirement Program increased the over-order premium (“OOP”) for milk purchased by the Plaintiff, and calculated the damages suffered by Plaintiff as a result.

In response, Defendants filed expert reports by Dr. Bryan M. Ricchetti and Dr. Andrew M. Novakovic. Dr. Connor responded with a rebuttal report and provided another day of deposition testimony.

The trial was set to begin on January 6, 2020. Parties informed the Court about the settlement less than a week before trial, on December 31, 2019. To learn more about Dr. Connor, click here.