The preservation of competition in agricultural markets has been identified as as one of the Biden Administration’s highest enforcement priorities. In this episode, co-hosts Alicia Downey and Barry Nigro talk to Professor Kelly Nuckolls of the University of Arkansas School of Law about recent enforcement actions and rulemaking efforts targeting anticompetitive practices in the agriculture sector. Listen to this episode to learn about the DOJ Antitrust Division’s case against benchmarking service provider Agri Stats based on allegedly collusive information-sharing, and the Division’s renewed interest in enforcing the Packers and Stockyards Act of 1921–a federal statute with the potential to support challenges to unfair conduct that the Sherman Act might not reach.

Kelly Nuckolls, Assistant Director and Visiting Assistant Professor of Law for the LL.M. Program in Agricultural and Food Law, University of Arkansas School of Law

Related Links:

Agricultural Marketing Service, Department of Agriculture (USDA), Inclusive Competition and Market Integrity Under the Packers and Stockyards Act, 9 CFR 201.302-201.390 (Mar. 6, 2024)

Agricultural Marketing Service, Department of Agriculture (USDA), Transparency in Poultry Grower Contracting and Tournaments, 9 CFR 201.2-201.4 (Nov. 28, 2023)

Wheeler v. Pilgrim’s Pride Corp., 591 F.3d 355 (5th Cir. 2009)

Hosted by:

Alicia Downey, Downey Law LLC and Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP