Montpelier 5/22/2012
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  1. In September, 2009, Vermont’s congressional delegation called a meeting with farmers in St. Alban’s to discuss Dean Foods. As Dean Foods processes 70% of New England’s milk, our delegation brought with them Christine Varney, the assistant attorney general for the Antitrust Division of the U.S. Department of Justice to bolster the antitrust concerns about Dean Foods. She said, “Competition is not very well served when you have one player in the market who controls 70 percent of the market. We look very carefully at the activity in a market when you have that kind of dominance.” The meeting was well promoted and covered.

    http://vtdigger.org/2009/09/20/antitrust-division-to-probe-complaints-about-dean-foods%e2%80%99-alleged-monopolistic-practices/

    http://sanders.senate.gov/newsroom/news/?id=fcc5095e-72cc-4f99-a35f-be295f2fc6fc

    http://www.vermonttiger.com/content/2010/08/leahy-milking-votes.html

    Since then, an ad hoc group of dairy farmers (but not the Antitrust Division of the US. Dept. of Justice) has sued Dean Foods. Dean Foods is willing to settle for $30 million, with the farmers’ Washington lawyer getting 20% of the settlement. Farmers will get a pittance, maybe $2,000 – $3,000 each on average, the value of one good milker or 600 or so gallons of diesel fuel.

    For a $30 million settlement, Dean Foods may have dodged the anti-trust bullet once more. A feat they’ve accomplished often over the past decade.

    In 2008 and 2009, Dean Foods reported Net Income of $184 million and $240 million respectively. For 2010, times were a bit tough with Dean Foods reporting Net Income of $91 million. Though Net Income was down, revenues at $12.1 billion (more than twice the entire Vermont state budget) were a billion higher than 2009’s $11.1 billion.

    So now we have another meeting with farmers in St. Alban’s. Can Vt. Digger dig a bit with our Congressional delegation, or Christine Varney, or Elliot Burg at the Vermont AG’s Office who’s following the Dean Foods settlement case and find out if the U.S. Dept. of Justice is going to take any action, or whether the meeting in St. Albans was all for naught?

    1. Christine Varney is no longer at DOJ. As I understand it, from a Sanders staffer, the investigation has hit a wall. I’ll follow up on details.

  2. Thanks Anne….it looks like campaign contributions go both ways to congressional folks with a slight edge to R’s in recent years.

    http://influenceexplorer.com/organization/dean-foods/79107ce1e4764455af7bdb8cbdff873f?cycle=2010

    http://www.campaignmoney.com/political/committees/dean-foods-company-political-action-committee.asp?cycle=10

    However,it would seem to me that the decision to file an anti-trust action rests with the executive branch’s DOJ and with Leahy and Welch holding the positions they do, and given the clear focus at the 2009 meeting in St. Alban’s, it will be interesting to see what wall has been hit. Thanks again.

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