United States v. BEATRICE FOODS COMPANY

MEMORANDUM DECISION AND ORDER DENYING DEFENDANT’S MOTION TO DISMISS COUNT II OF THE COMPLAINT

CHRISTENSEN, District Judge.

This is an action brought by the United States of America against Beatrice Foods Company for an alleged antitrust conspiracy (Count I of the Complaint), and submission of false claims (Count II).

Under Section 4A of the Clayton Act (15 U.S.C. § 15a), the Government is permitted to recover actual damages, if any, proximately caused by violation of Section 1 of the Sherman Antitrust Act (15 U.S.C. § 1). The False Claims Act (31 U.S.C. § 231) provides that one making a false…