Triumph Foods argues for dismissal in ongoing pork price-fixing case

Triumph Foods is attempting to disassociate itself from the long-running In re Pork Antitrust Litigation.

The lawsuit, overseen by US District Court of Minnesota Judge John R. Tunheim, alleges that major pork processors, including Triumph Foods, reduced hog production in order to manipulate pork prices starting in 2009.

“Triumph is and has always been the defendant that doesn’t fit in plaintiffs’ alleged theories,” the company wrote in its motion and memorandum for summary judgment consideration, filed on Oct. 22.

In its argument, Triumph explained that, unlike the other defendants that produce market hogs and process pork, Triumph Foods is solely a pork processor that purchases hogs from producers, including its independently owned and independently operated, non-party LLC members — none of which were named as defendants.

Furthermore, the company noted that through a 2004 Marketing Agreement, Seaboard has the “sole, exclusive right and obligation to sell the pork products Triumph makes,” while Triumph Foods has no right to control activities like sales, markets and prices.

On Oct. 8, Judge Tunheim granted Triumph Foods’ request to reopen consideration of summary judgment in the litigation. All other defendants made the same request and were denied, making Triumph the only one to be granted this opportunity.