United States v. Dairy Farmers of America

The government of the United States and the Commonwealth of Kentucky (collectively, "the government") appeal the district courts grant of summary judgment to Defendant Dairy Farmers of America, Inc. ("DFA") on the governments claim that DFA violated Section 7 of the Clayton Act, 15 U.S.C. § 18. The government alleges that DFAs partial acquisition of Defendant Southern Belle Dairy Co., LLC ("Southern Belle") in 2002 had significant anticompetitive effects on the market for school milk in dozens of school districts in Kentucky and Tennessee. On appeal, the government specifically contends that 1) the district court erred in granting summary judgment to DFA without ruling on the governments claim that DFAs original agreement acquiring Southern Belle violated the Clayton Act; 2)the district court erred in granting summary judgment to DFA with respect to the governments claim that DFAs revised agreement acquiring Southern Belle violated the Clayton Act; and 3)the district court abused its discretion in failing to permit the government discovery on the revised agreement, pursuant to Rule 56(f) of the Federal Rules of Civil Procedure.