Bill to impose moratorium on large agribusiness mergers introduced

WASHINGTON, D.C. – Concentration in the food and agricultural economy has accelerated at a rapid pace since the 1980s, and particularly since the Great Recession.
In the past four decades, the top four beef packers have expanded their market share from 32 percent to 85 percent. This increased concentration, combined with anticompetitive practices by the food processors (that are being increasingly legally challenged) are driving independent ranches and farmers out of business and undermining the economies of rural communities.
This week, the “Food and Agribusiness Merger Moratorium and Antitrust Review Act of 2020” was introduced that would place an immediate and indefinite moratorium on acquisitions and mergers in the food and agriculture sector.
The bill would also establish a commission that would study and publish recommended improvements to merger enforcement and antitrust oversight in the farm and food sectors. The moratorium would be lifted once Congress acts on the recommendations from the commission by passing comprehensive legislation to address the problem of growing market concentration in the agriculture sector. Companion legislation was introduced in the House of Representatives by Representative Mark Pocan (D-WI).

The increasing consolidation in the food industry has far-reaching implications, especially for consumers. The infant formula industry, for example, has reached an alarming level of corporate concentration with four companies now controlling nearly 90 percent of the infant formula market. A disruption in the supply of just one infant formula producer now presents a grave risk to infant health in the United States.

Consolidation also contributes to the widening gap in economic opportunity in the United States as dominant firms are likely to deliver profits to investors rather than to raise wages or benefits.

“Food system concentration has enabled corporations to steal farmers’ profits, price-gouge consumers, and force workers into hazardous, underpaid conditions,” said Farm Action Fund’s Policy Advocate Sarah Carden. “These abusive practices have become all too commonplace, threatening both our food and national security. This legislation puts an immediate stop to further consolidation, allowing us to build a more fair and resilient food and farm system.”

Among the U.S. Senators introducing the legislation is Sen. Jon Tester.  “Folks in Montana know that consolidation in our food systems is hurting rural America,” said the senator. “Whether it’s meatpacking or infant formula, a lack of competition in the marketplace leads to tighter margins for American producers, higher costs for consumers, and makes our country less safe when these multi-national corporations fail to perform. Capitalism works exceptionally well when there’s competition, and this bill will help put family ranchers and farmers back in the drivers’ seat by making our markets more competitive across the board.”

Bill Bullard, CEO, R-CALF USA, supports the bill, noting, “The ongoing concentration of our agriculture and food markets is allowing dominant agribusiness firms to exploit farmers and ranchers on one end of the supply chain and consumers on the other.”

U.S. Senators Cory Booker (D-NJ), Jon Tester (D-MT), Jeff Merkley (D-OR), and Elizabeth Warren (D-MA) introduced the Food and Agribusiness Merger Moratorium and Antitrust Review Act of 2022, legislation was introduced by U.S. Senators Jon Tester (D-MT), Jeff Merkley (D-OR), Cory Booker (D-NJ) and Elizabeth Warren (D-MA).

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