APR-10(2)

In this issue:

The intersection of agriculture and antitrust is the subject of recent high-level attention, as the DOJ and USDA look to unearth facts to answer the question: Has industry concentration produced unaddressed competitive concerns? In this issue, organized by Senior Editor Josh Wright, we look at two central questions. Peter Carstensen and Mike Sykuta square off on whether the Packer and Stockyard Act should boldly go where the FTC can’t, and Diana Moss, Geoff Manne & Josh Wright, and William Wilson & Bruce Dahl take different approaches regarding Monsanto and the seed issue. Enjoy!

Agriculture & Antitrust

Peter Carstensen, Apr 29, 2010

The Packers and Stockyards Act: A History of Failure to Date

Where there are serious problems of market failure effective regulation can often remedy the problem and restore economically desirable competition. Unfortunately, the Secretary has”up to now”failed to provide an appropriate market facilitating set of regulations. Peter C. Carstensen, University of Wisconsin

Michael Sykuta, Apr 29, 2010

Concentration, Contracting and Competition: Problems In Using The Packers & Stockyards Act To Supplement Antitrust

Under the rubric of “big is not per se bad, but can lead to predatory business practices,” the partnering of DOJ and USDA represents a move to apply antitrust and the Packers and Stockyard Act as two blades of a scissor to cut down practices deemed inappropriate by regulators.

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