Dive Brief:
- According to The Packer, Sysco Corp. and US Foods Inc. defense attorneys are planning to release the names of 92 "declarants" on the FTC side of the antitrust investigation that currently halts the planned merger between the two companies.
- The FTC and two other foodservice suppliers have been working together to prevent disclosure of the informants' names due to a fear of backlash against the informants and their employers by Sysco and US Foods.
- The federal judge overseeing the case updated his protection order to allow the defense attorneys to restrictively distribute the informants' names so that the two companies can prepare their defense in the case accordingly.
Dive Insight:
The FTC and its partner foodservice companies were particularly concerned about those names falling into the hands of Russell Libby, Sysco’s executive vice president of corporate affairs and also chief legal officer. The Packer reported from a filed document by Shamrock Foods Co., one of the aforementioned foodservice suppliers, which said, "Due to Mr. Libby’s hybrid role as a ‘chief legal officer and executive vice president of corporate affairs,’ and his position on Sysco’s executive team, he is too closely tied to the competitive decision-making process at Sysco to be provided access to Shamrock’s and other competitors’ confidential material."