Introduction

DOJ’s antitrust division has gotten crazy aggressive in recent months, bringing criminal cases with new theories never tested before in federal court. These new cases haven’t done well, however. In a recent case alleging that 10 defendants agreed to fix prices for chicken, all defendants proceeded to trial. The jury hung as to all the defendants. In trial number 2, yet again the jury hung. Should the government get a third chance? The head of the antitrust division says yes because he is not part of “chicken shit club.” In this bonus episode, David Oscar Markus discusses these two lengthy trials as well as DOJ’s aggressive tactics with Barry Pollack, one of the nation’s top trial lawyers, who tried the first two cases.