ANTI_TRUST & COMPTETITION POLICY BLOG

Posted by Peter Carstensen     March 15, 2010

“Little was said about dairy (the subject of a session in Wisconsin in June), poultry contracts (subject of a session in Alabama in May) or the status of Capper-Volstead”

The DOJ-USDA Session on Agricultural Competition–March 12, Ankeny, Iowa

Farmers were instrumental in forcing the adoption of the Sherman Act and they remain one of the most interested and commitment constituencies for antitrust. The turnout at the session was substantial with estimates of the audience ranging from over 650 to more than 800. As one speaker put in, “I have never seen so many people interested in antitrust law except lawyers getting CLE credits.” Another sign of interest is that interested parties have filed more than 15,000 comments related to these workshops (available at the DOJ web site).

Attorney General Holder and Secretary of Agriculture Vilsack each emphasized a commitment to competition and to addressing competitive issues in markets involving agriculture. This is the first real cooperation between the agencies each of which has significant actual or potential authority to affect competition. Also present was a representation of the CFTC who signaled that agency’s commitment. Conspicuously absent was the FTC which has authority over retail grocery issues as well as all processed food production except meat and dairy products. When, after several comments about competitive issues resulting from retailer and general grocery manufacturer buyers power, the question of FTC absence was addressed the organizers said the FTC would be “invited” to the final meeting in DC in December. Informal conversation suggested to me that the FTC has signaled disinterest in these proceedings. I hope that is not true as it would mean a major gap in enforcement. More