Companies that use price indices or benchmarking services should be aware that federal and state antitrust enforcement agencies will pursue benchmark manipulation as a violation of the Sherman Act. The DOJ and a bipartisan group of 17 state attorneys general recently reached a settlement of pricing benchmark manipulation allegations with three of the country’s largest egg producers. The settlement requires the producers to collectively pay $3.3 million and donate 53 million eggs to food banks and nonprofits.
