Midwest Renewable Energy, LLC v. Archer Daniels Midland Co. Case No. 20-CV-02212

On September 26, 2023, The Honorable Judge Colin Bruce denied, in its entirety, Defendant Archer Daniels Midland’s motion to dismiss. In this action, Plaintiff alleged that Defendant ADM monopolized the Argo Illinois market in order to depress the prices received on first level sales of ethanol by ADM’s competitors in violation of Section 2 of the Sherman Antitrust Act, 15 U.S.C. §2 et al. The proposed class is defined as:

All First Level Sellers who, after November 1, 2017, and prior to December 31, 2019 made First Level Sales of ethanol in the Argo market or pursuant to a First Level Sales Contract in which the price term is expressly based, in whole or in part, on a Chicago Benchmark Price, Chicago OPIS Price, or a Chicago Ethanol Derivatives Price. This includes price terms which are based on an average, a mean, or another formula using one or more of the foregoing prices. Excluded from the Class are ADM, its officers, directors, management, employees, subsidiaries, or affiliates and all federal governmental entities.

For further information please contact Travis Carter (tcarter@lshllp.com).