Chicken prices

Vikas Kumar filed this request with the Department of Justice, Antitrust Division of the United States of America.
Tracking #


Est. Completion None
No Responsive Documents


From: Brandon Smith

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

- All communication, however formal or informal, between the Division and members of Congress (as well as staff members of members of Congress) on the issue of price fixing of chicken or allegations thereof—which would necessarily include discussion of any allegations involving indices of chicken prices—over the date range January 1, 2016 to the date of this request.
- All CIDS or subpoenas issued by the DOJ to any producer of chicken over the same date range, or caretaker of any chicken price indices. (The three extant price indices are the USDA Composite, Express Markets, and Urner-Berry.)
- All communications between the Division and Carl Shapiro, whose email address is, over the above date range.

If any investigation is closed, exemption 7(A), the exemption about anticipated enforcement actions (often referred to as the "investigation" exemption), does not apply here. That’s because exemption 7(A) can only be used when there is a “reasonable expectation of enforcement proceedings.” In the event of an investigation that is now closed, there is by definition zero expectation of enforcement proceedings. I would also caution you against using exemption 5 (in which is contained the exemption for “predecisional-delibarative" material) material in a too-broad manner. This exemption can only apply in cases of opinion being rendered by a government staff member. In other words, any piece of information that is a statement of fact and not a statement of opinion cannot be redacted under exemption 5. Lastly, we remind you of your burden to redact pieces of information and not to withhold entire pages on which exempt material may appear. This burden of yours is well outlined in caselaw.

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In the event that there are fees, please inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically--by e-mail attachment, or if the response is too large, direct download link or mailed CD-ROM.

If mailing a CD, please alert us of this fact via reply email (so we know to wait on the post), and send the CD to:

c/o Brandon Smith
The Capitol Forum
1233 20th St NW #301
Washington, DC 20036

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.


Brandon Smith
The Capitol Forum

From: Hayes, Shaniece (ATR)

Please see attached.

From: Department of Justice, Antitrust Division

See attachment.

From: Department of Justice, Antitrust Division

A no responsive documents response.