The Capper-Volstead Antitrust Exemption for Cooperatives: A Barren or Fertile Row to Hoe?
1:30 PM EDT
The Capper-Volstead Act was enacted in 1922 to create an exemption to antitrust laws that protected farmer participation in cooperatives that collectively processed, handled, marketed, priced and/or sold products for farmers of the cooperative. Despite being enacted in 1922, little law interpreting the Capper-Volstead Act developed in 93 years. However, several pending cases regarding products such as potatoes, mushrooms, milk and eggs are addressing arguably open legal issues including, inter alia, whether the Act protects supply management, what farmers qualify for cooperative membership under the Act, and how to apply the “50% rule.” This panel will discuss and debate the above issues.
Kathy L. Osborn, Faegre Baker Daniels, LLP
Donald M. Barnes, Porter Wright Morris & Arthur, LLP
Susan G. Kupfer, Glancy Binkow & Goldberg LLP
Jan P. Levine, Pepper Hamilton LLP
James J. Pizzirusso, Hausfeld LLP
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