​By Professor Susan A. Schneider

Documents and Resources

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• The Food and Agriculture Impact Project (FAIP) at the University of Arkansas School of Law, under the leadership of Professor Kelly Nuckolls, publishes links and documents on its Competition and Antitrust Education website. Included are:

  • Antitrust and Competition Law Resources

  • Recent and Pending Cases in Food and Agriculture Antitrust and
    Competition Law

  • ABA Podcast, Our Curious Amalgam: How Does U.S. Law Promote Competition in Agricultural Markets​ (with Kelly Nuckolls)

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• Some of the writings of noted antitrust and competition scholar, Peter Carstensen are available on his SSRN site. The following specifically addresses issues raised in Chapter VII:

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Peter Carstensen, Pooling and Exchanging Competitively Sensitive Information Among Rivals: Absolutely Illegal Not Just Unreasonable, 92 U. Cin. L. Rev. 335 (2023).

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• The USDA AMS Packers and Stockyards website, Rules and Regulations

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• The U.S. Department of Justice, Antitrust Division, Antitrust Case Filings​

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Update: Trump Administration and the Packers and Stockyards Act

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Update and Summary of  the Packers and Stockyards Act Regulatory Reform Under the Biden Administration

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Poultry Growing Tournament Systems: Fairness and Related Issues

• 87 Fed. Reg. 34,814 (June 8, 2022) (advance notice of proposed rulemaking)

• Name change:  Poultry Grower Payment Systems and Capital Improvement Systems, 89 Fed. Reg. 49,002 (June 10, 2024) (proposed rule)

• 90 Fed. Reg. 5146 (Jan. 16, 2025) (final rule)

 

Inclusive Competition and Market Integrity Under the Packers and Stockyards Act

• 87 Fed. Reg. 60,010 (Oct. 3, 2022) (proposed rule)

• 89 Fed. Reg. 16,092 (Mar. 6. 2022) (final rule)

 

Fair and Competitive Livestock and Poultry Markets

• 89 Fed. Reg. 53,886 (June 28, 2024) (proposed rule)

• WITHDRAWN - January 16, 2025;  Notice of withdrawal of proposed rule at  90 Fed. Reg. 4679 (Jan. 16, 2025)

 

Transparency in Poultry Grower Contracting and Tournaments, 

• 87 Fed. Reg. 34,980 (proposed rule) (June 8, 2022)

• 88 Fed. Reg. 83,210 (Nov. 28, 2023) (final rule) (effective date Feb. 12, 2024)

 

Price Discovery and Competition in Markets for Fed Cattle

• 89 Fed. Reg. 82,519 (Oct. 11, 2024) (advance notice of proposed rulemaking)

• 89 Fed. Reg. 92,853 (Nov. 25, 2024) (extension of comment period to Jan. 10, 2025)

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For additional information, visit the USDA Packers and Stockyards Act Rules and Regulations webpage.

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​USDA Announcements and Policies

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• USDA announces allowance of increased line speeds for poultry and pork processing plants, Secretary Rollins Takes Action to Streamline U.S. Pork and Poultry Processing, (Mar. 17, 2025)

 

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​News Involving Livestock Production and Sales

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• While cattle fraud, particularly involving feedlots, have long been a problem within the industry, apparently hog industry fraud also occurs.  See Lawsuit: 110,000 pigs were in ‘imminent danger’ due to billion-dollar check-kiting scheme, South Dakota Searchlight (Apr. 8, 2025). In addition to addressing how fraud can occur, this article highlights the emergency that arises -  who will take care of the animals while the courts sort out the fraud?

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• Senators Want Special Investigator at USDA for Packers and Stockyards Violations, Progressive Farmer (Apr. 8, 2025) ("The Meat and Poultry Special Investigator Act would create and empower a team of investigators at USDA to prevent anticompetitive practices in the meat and poultry industry by enforcing existing antitrust laws, in coordination with the Department of Justice and the Federal Trade Commission. The investigator's office would specifically focus on the meatpacking industry by restricting its work to investigating entities that fall under the Packers and Stockyards Act of 1921.")

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• The world’s biggest animal cruelty problem, explained in one chart: It’s the most invisible — and the hardest to solve, Vox (Apr. 11, 2025) (discussing genetics used to enhance production value at the expense of animal welfare)

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