July 3, 2023 

Hon. Tom Vilsack 

Andrew Green

United States Department of Agriculture

1400 Independence Ave. SW Room 1643-S 

Washington, DC 20250-3604 

RE: USDA Agricultural Competition Challenge

Dear Secretary Vilsack and Mr. Green:

We, the undersigned State Attorneys General (“State AGOs”), write to the United States 

Department of Agriculture (“USDA”) in response to the announcement of the Agricultural 

Competition Challenge issued by the USDA. The undersigned State AGOs seek to advance the 

establishment of a support program for state antitrust enforcers to promote cooperation between 

State AGOs and USDA in the promotion of fair and competitive food and agricultural markets and 

complementary to coordination occurring with the Federal Antitrust Agencies. Pursuant to the 

Agricultural Competition Challenge, the undersigned State AGOs (the “State AGO Partners”) 

elect to be the inaugural members of the USDA Agriculture Competition Partnership 

(“Partnership”).

I. Background 

On December 21, 2021, sixteen (16) State Attorneys General sent a letter to USDA 

Secretary Tom Vilsack providing several recommendations to enhance and bolster the USDA’s 

enforcement and protection of fair agriculture markets. One such recommendation asked the 

USDA to consider establishing an agricultural antitrust enforcement support program for State 

AGOs through the American Rescue Plan Act of 2021, asserting that such a program would 

strengthen enforcement under the Packers and Stockyards Act. In response, on September 26, 

2022, the USDA announced its “Agricultural Competition Challenge,” which would utilize up to 

$15 million in funds from the Consolidated Appropriations Act to provide enduring and 

sustainable support for State Attorneys General to vigorously enforce the antitrust laws for the 

benefits of consumers, producers and growers, and workers in the agricultural space. This letter 

named three focus areas of the Agricultural Competition Challenge and invited the State Attorneys 

General to identify their most pressing needs and develop specific details of the challenge.

 

For the purpose of developing and administering a support fund program through which 

the Challenge funds may be effectively and efficiently distributed to State AGOs, the USDA has 

partnered with the Center for State Enforcement of Antitrust and Consumer Protection Laws, 

Inc. (“State Center”). There are existing revolving fund models that State AGOs use in the 

multistate enforcement context. These models provided useful guidance for the establishment of 

this State Center-administered fund. 
Honorable Tom Vilsack

Andrew Green

July 3, 2023 

Page 2 

II. Cooperative Agreement between the USDA and the State Center

On May 19, 2023, the USDA’s Agricultural Marketing Service (“AMS”) and the State 

Center entered into a Cooperative Agreement for purposes of facilitating the Partnership effective 

May 31, 2023 – May 31, 2028. The objectives of the Partnership, focusing on food and agriculture 

markets, include providing support for (a) enforcement of state and federal competition laws; (b) 

research regarding competition and fair practices for consumers, producers and growers, and 

workers; and (c) educational and training initiatives. Payments to the State Center shall be made 

in amounts reflecting the disbursement needs for approved support. The State Center is authorized 

to use a specified portion of the funds to hire additional staff, engage third-party vendors, or to 

both efficiently administer the overall process and satisfy any regulatory processes required of the 

program. 

III. USDA Agricultural Competition Partnership Membership Benefits

Membership in the Partnership provides opportunity for those State AGO Partners 

individually or collectively to seek support funds for the following purposes: 

a. Quick support: Small amounts of funding for a limited number of hours of expert 

assistance or pre-established maximum support amount, e.g.: for purchases of support 

technologies, including licenses or services; preliminary analysis services; auditing or 

economic services.

b. Enforcement support: Support for enforcement actions of a larger scale. Project 

selection shall prioritize activities that include multiple states and USDA and activities 

that are additive enforcement, including novel matters, theories, or authorities. 

c. Research support: Academic and market-related research focused on antitrust and fair 

business practice enforcement relevant to State AGOs and/or USDA.

d. Education and training: Facilitation of events that would increase understanding of 

competition law or policy market realities.

e. Innovation: Development of new enforcement infrastructure or practices, e.g.: creating 

new mechanisms to collect complaints at the appropriate agencies; developing 

resources and technologies to enhance enforcement or promote market fairness, such 

as exchanges.

IV. Partnership Organizational Plan 

The Partnership Organization Plan (“Organizational Plan”) outlines the mechanisms for 

implementing the Partnership. The development and functioning of the Partnership will be 

managed by the Oversight Committee and the Project Selection Advisory Committee.
Honorable Tom Vilsack

Andrew Green

July 3, 2023 

Page 3 

Oversight Committee: The Oversight Committee will consist of a bi-partisan group of 

State AGO Partner representatives elected from the group of AGOs that have joined the 

Partnership. Selection of Oversight Committee members will be by a process chosen by a 

majority of the State AGO Partners. 

Key duties of the Oversight Committee will include:

• Developing general criteria for the selection of projects to be funded by the 

Partnership; 

• Developing a process for selecting the Project Selection Advisory Committee 

(PSAC) members, in accordance with the Cooperative Agreement; 

• Establishing governance and transparency standards for the Oversight 

Committee; 

• Establishing guidelines and providing oversight for use of Partnership funds; 

• Developing confidentiality requirements and standards to reduce conflicts of 

interest for the PSAC; and

• Determining the appropriateness of other activities to support the objectives of 

the Partnership. 

The Oversight Committee may also have on-going advisory responsibilities regarding 

allocation among the several support projects and the usage of Partnership support funds. 

Project Selection Advisory Committee: The PSAC will be comprised of State AGO 

Partners with the State Center serving as an ex officio member. 

Key duties of the PSAC will include:

• Facilitating coordination between relevant AGOs and USDA regarding specific 

projects; 

• Advising the State Center in its review of support applications;

• Advising the State Center in its selection of specific projects; 

• Updating the Oversight Committee regarding specific projects as appropriate; 

and

• Making project funding recommendations which the State Center shall consider 

in making its final funding determinations—the USDA may direct the State 

Center to approve an application for support. 

The State Center shall submit to oversight and audits as required by USDA. To the extent 

possible, the USDA support will be used to create a revolving fund to provide for a continuing 

impact on competition in food and agriculture markets and ideally bring about substantive 

change for years to come. USDA’s involvement in the program will wind down after the 

disbursement of initial funds within five years unless additional cooperative agreements or other 

forms of partnership are developed. 
Honorable Tom Vilsack

Andrew Green

July 3, 2023 

Page 4 

V. Conclusion 

The State AGO Partners appreciate the opportunity provided by the USDA Partnership and 

look forward to working with both the USDA and the State Center to realize the value of the 

Agricultural Competition Challenge funds. We likewise look forward to strengthening cooperation 

with USDA and federal agency partners in the promotion of fair and competitive food and 

agricultural markets.

Kris Mayes

Arizona Attorney General

Tim Griffin

Arkansas Attorney General

Rob Bonta 

California Attorney General 

Philip J. Weiser

Colorado Attorney General 
Honorable Tom Vilsack

Andrew Green

July 3, 2023 

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William Tong

Connecticut Attorney General 

Kathleen Jennings 

Delaware Attorney General

Brian Schwalb

District of Columbia Attorney General

Anne E. Lopez 

Hawaii Attorney General
Honorable Tom Vilsack

Andrew Green

July 3, 2023 

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Todd Rokita 

Indiana Attorney General 

Brenna Bird

Iowa Attorney General

Kris W. Kobach 

Kansas Attorney General

Aaron M. Frey 

Maine Attorney General

Anthony G. Brown 

Maryland Attorney General 

Andrea Joy Campbell 

Commonwealth of Massachusetts 

Attorney General
Honorable Tom Vilsack

Andrew Green

July 3, 2023 

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Dana Nessel

Michigan Attorney General

Keith Ellison

Minnesota Attorney General

Austin Knudsen 

Montana Attorney General 

Michael T. Hilgers

Nebraska Attorney General

Aaron D. Ford 

Nevada Attorney General

Matthew J. Platkin

New Jersey Attorney General
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Andrew Green

July 3, 2023 

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LETITIA JAMES

New York Attorney General

Josh Stein

North Carolina Attorney General 

Drew H. Wrigley

North Dakota Attorney General 

Ellen Rosenblum 

Oregon Attorney General 

Michelle A. Henry

Pennsylvania Attorney General 

Alan Wilson

South Carolina Attorney General 
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Andrew Green

July 3, 2023 

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Marty J. Jackley

South Dakota Attorney General 

Sean Reyes

Utah Attorney General

Bob Ferguson 

Washington State Attorney General 

Joshua L. Kaul 

Wisconsin Attorney General

Bridget Hill

Wyoming Attorney General