II 

110TH CONGRESS 

1ST SESSION S. 1759 

To provide for the review of agricultural mergers and acquisitions by the 

Department of Justice, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 10, 2007 

Mr. GRASSLEY (for himself, Mr. KOHL, and Mr. THUNE) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To provide for the review of agricultural mergers and acquisitions by the Department of Justice, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Agriculture Competi5 tion Enhancement Act of 2007’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) AGRICULTURAL COMMODITY.—The term 

9 ‘‘agricultural commodity’’ has the meaning given 


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1 that term in section 102 of the Agricultural Trade 

2 Act of 1978 (7 U.S.C. 5602). 

3 (2) AGRICULTURAL COOPERATIVE.—The term 

4 ‘‘agricultural cooperative’’ means an association of 

5 persons that meets the requirements of the Capper6 Volstead Act (7 U.S.C. 291 et seq.). 

7 (3) AGRICULTURAL INDUSTRY.—The term ‘‘ag8 ricultural industry’’ means any dealer, processor, 

9 commission merchant, or broker involved in the buy10 ing or selling of agricultural commodities. 

11 (4) ANTITRUST LAWS.—The term ‘‘antitrust 

12 laws’’ has the meaning given that term in the first 

13 section of the Clayton Act (15 U.S.C. 12). 

14 (5) ASSISTANT ATTORNEY GENERAL.—The 

15 term ‘‘Assistant Attorney General’’ means the As16 sistant Attorney General in charge of the Antitrust 

17 Division of the Department of Justice. 

18 (6) BROKER.—The term ‘‘broker’’ means any 

19 person (excluding an agricultural cooperative) en20 gaged in the business of negotiating sales and pur21 chases of any agricultural commodity in commerce 

22 for or on behalf of the vendor or the purchaser. 

23 (7) CHAIRMAN.—The term ‘‘Chairman’’ means 

24 the Chairman of the Federal Trade Commission. 


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1 (8) COMMISSION MERCHANT.—The term ‘‘com2 mission merchant’’ means any person (excluding an 

3 agricultural cooperative) engaged in the business of 

4 receiving in commerce any agricultural commodity 

5 for sale, on commission, or for or on behalf of an6 other. 

7 (9) DEALER.—The term ‘‘dealer’’ means any 

8 person (excluding an agricultural cooperative) en9 gaged in the business of buying, selling, or mar10 keting agricultural commodities in commerce, except 

11 that no person shall be considered a dealer with re12 spect to sales or marketing of any agricultural com13 modity produced by that person. 

14 (10) PROCESSOR.—The term ‘‘processor’’ 

15 means any person (excluding an agricultural cooper16 ative) engaged in the business of handling, pre17 paring, or manufacturing (including slaughtering) 

18 an agricultural commodity, or the products of such 

19 agricultural commodity, for sale or marketing in 

20 commerce for human consumption (excluding sale or 

21 marketing at the retail level). 

22 (11) SECRETARY.—The term ‘‘Secretary’’ 

23 means the Secretary of Agriculture. 

24 (12) SPECIAL COUNSEL.—The term ‘‘Special 

25 Counsel’’ means the Special Counsel for Competition 


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1 Matters of the Department of Agriculture estab2 lished under section 8. 

3 (13) TASK FORCE.—The term ‘‘Task Force’’ 

4 means the Agriculture Competition Task Force es5 tablished under section 4. 

6 SEC. 3. DEPUTY ASSISTANT ATTORNEY GENERAL FOR AG7 RICULTURAL ANTITRUST MATTERS. 

8 There is in the Antitrust Division of the Department 

9 of Justice a Deputy Assistant Attorney General for Agri10 cultural Antitrust Matters, who shall— 

11 (1) be responsible for oversight and coordina12 tion of antitrust and related matters which affect 

13 agriculture, directly or indirectly; and 

14 (2) work in coordination with the Task Force 

15 and the Department of Agriculture on all agricul16 tural competition matters. 

17 SEC. 4. AGRICULTURE COMPETITION TASK FORCE. 

18 (a) ESTABLISHMENT.—There is established, under 

19 the authority of the Attorney General, the Agriculture 

20 Competition Task Force, to examine problems in agricul21 tural competition. 

22 (b) MEMBERSHIP.—The Task Force shall consist 

23 of— 


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1 (1) the Deputy Assistant Attorney General for 

2 Agricultural Antitrust Matters, who shall serve as 

3 chairperson of the Task Force; 

4 (2) the Special Counsel; 

5 (3) a representative from the Federal Trade 

6 Commission; 

7 (4) a representative from the Department of 

8 Agriculture, Office of Packers and Stockyards; 

9 (5) 2 representatives selected jointly by the at10 torneys general of States desiring to participate in 

11 the Task Force; 

12 (6) 2 representatives selected jointly by the 

13 heads of the departments of agriculture (or similar 

14 such agency) of States desiring to participate in the 

15 Task Force; 

16 (7) 4 individuals who represent the interests of 

17 small family farmers, ranchers, and independent 

18 producers— 

19 (A) 1 of whom shall be selected by the Ma20 jority Leader of the Senate; 

21 (B) 1 of whom shall be selected by the Mi22 nority Leader of the Senate; 

23 (C) 1 of whom shall be selected by the 

24 Speaker of the House of Representatives; and 


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1 (D) 1 of whom shall be selected by the Mi2 nority Leader of the House of Representatives; 

3 and 

4 (8) 8 academics or other independent experts 

5 working in the field of agriculture, agricultural law, 

6 antitrust law, or economics— 

7 (A) 2 of whom shall be selected by the Ma8 jority Leader of the Senate; 

9 (B) 2 of whom shall be selected by the Mi10 nority Leader of the Senate; 

11 (C) 2 of whom shall be selected by the 

12 Speaker of the House of Representatives; and 

13 (D) 2 of whom shall be selected by the Mi14 nority Leader of the House of Representatives. 

15 (c) DUTIES.—The Task Force shall— 

16 (1) investigate problems in competition in the 

17 agricultural industry; 

18 (2) define and focus the national public interest 

19 in preserving an independent family farm and ranch 

20 sector; 

21 (3) coordinate Federal and State activities to 

22 address unfair and deceptive practices and con23 centration in the agricultural industry; 


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1 (4) work with representatives from agriculture 

2 and rural communities to identify abusive practices 

3 in the agricultural industry; 

4 (5) submit to Congress such reports as the 

5 Task Force determines on the state of family farm6 ers and ranchers, and the impact of agricultural con7 centration and unfair business practices on rural 

8 communities in the United States; and 

9 (6) make such recommendations to Congress as 

10 the Task Force determines on agricultural competi11 tion issues. 

12 (d) WORKING GROUP.— 

13 (1) IN GENERAL.—The Task Force shall estab14 lish a working group on buyer power to— 

15 (A) study the effects of concentration, mo16 nopsony, and oligopsony in agriculture, make 

17 recommendations to the Assistant Attorney 

18 General and the Chairman, and assist the As19 sistant Attorney General and the Chairman in 

20 drafting agricultural guidelines under section 

21 6(b); and 

22 (B) select certain agricultural mergers and 

23 acquisitions that were consummated within the 

24 past 10 years, review the effects of such merg25 ers and acquisitions on competition in agriculVerDate Aug 31 2005 03:20 Jul 12, 2007 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1759.IS S1759

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1 tural commodities markets, and make rec2 ommendations to the Assistant Attorney Gen3 eral, the Chairman, and the Secretary. 

4 (2) MEMBERS.—The working group shall in5 clude any member of the Task Force selected under 

6 subsection (b)(8). 

7 (e) MEETINGS.— 

8 (1) FIRST MEETING.—The Task Force shall 

9 hold its initial meeting not later than the later of— 

10 (A) 90 days after the date of enactment of 

11 this Act; and 

12 (B) 30 days after the date of enactment of 

13 an Act making appropriations to carry out this 

14 section. 

15 (2) MINIMUM NUMBER.—The Task Force shall 

16 meet not less than 3 times each year, at the call of 

17 the chairperson. 

18 (f) COMPENSATION.— 

19 (1) IN GENERAL.—The members of the Task 

20 Force shall serve without compensation. 

21 (2) TRAVEL EXPENSES.—Members of the Task 

22 Force shall receive travel expenses, including per 

23 diem in lieu of subsistence, in accordance with sub24 chapter I of chapter 57 of title 5, United States 

25 Code. 


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1 (g) STAFF OF TASK FORCE; EXPERTS AND CON2 SULTANTS.— 

3 (1) STAFF.— 

4 (A) APPOINTMENT.—The chairperson of 

5 the Task Force may, without regard to the pro6 visions of chapter 51 of title 5 of the United 

7 States Code (relating to appointments in the 

8 competitive service), appoint and terminate an 

9 executive director and such other staff as are 

10 necessary to enable the Task Force to perform 

11 its duties. The appointment of an executive di12 rector shall be subject to approval by the Task 

13 Force. 

14 (B) COMPENSATION.—The chairperson of 

15 the Task Force may fix the compensation of the 

16 executive director and other staff without re17 gard to the provisions of chapter 51 and sub18 chapter III of chapter 53 of title 5 of the 

19 United States Code (relating to classification of 

20 positions and General Schedule pay rates), ex21 cept that the rate of pay for the executive direc22 tor and other staff may not exceed the rate of 

23 basic pay payable for level V of the Executive 

24 Schedule under section 5315 of title 5 United 

25 States Code, as in effect from time to time. 


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1 (2) EXPERTS AND CONSULTANTS.—The Task 

2 Force may procure temporary and intermittent serv3 ices of experts and consultants in accordance with 

4 section 3109(b) of title 5, United States Code. 

5 (h) POWERS OF THE TASK FORCE.— 

6 (1) HEARINGS AND MEETINGS.—The Task 

7 Force, or a member of the Task Force if authorized 

8 by the Task Force, may hold such hearings, sit and 

9 act at such time and places, take such testimony, re10 ceive such evidence, and administer such oaths or af11 firmations as the Task Force considers to be appro12 priate. 

13 (2) OFFICIAL DATA.—The Task Force may ob14 tain directly from any executive agency (as defined 

15 in section 105 of title 5 of the United States Code) 

16 or court information necessary to enable it to carry 

17 out its duties under this section. On the request of 

18 the chairperson of the Task Force, and consistent 

19 with any other law, the head of an executive agency 

20 or of a Federal court shall provide such information 

21 to the Task Force. 

22 (3) FACILITIES AND SUPPORT SERVICES.—The 

23 Administrator of General Services shall provide to 

24 the Task Force on a reimbursable basis such facili25 ties and support services as the Task Force may reVerDate Aug 31 2005 03:20 Jul 12, 2007 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1759.IS S1759

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1 quest. On request of the Task Force, the head of an 

2 executive agency may make any of the facilities or 

3 services of such agency available to the Task Force, 

4 on a reimbursable or nonreimbursable basis, to as5 sist the Task Force in carrying out its duties under 

6 this section. 

7 (4) EXPENDITURES AND CONTRACTS.—The 

8 Task Force or, on authorization of the Task Force, 

9 a member of the Task Force may make expenditures 

10 and enter into contracts for the procurement of such 

11 supplies, services, and property as the Task Force or 

12 such member considers to be appropriate for the 

13 purpose of carrying out the duties of the Task 

14 Force. Such expenditures and contracts may be 

15 made only to such extent or in such amounts as are 

16 provided in advance in appropriation Acts. 

17 (5) MAILS.—The Task Force may use the 

18 United States mails in the same manner and under 

19 the same conditions as other departments and agen20 cies of the United States. 

21 (6) GIFTS, BEQUESTS, AND DEVISES.—The 

22 Task Force may accept, use, and dispose of gifts, 

23 bequests, or devises of services or property, both real 

24 and personal, for the purpose of aiding or facili25 tating the work of the Task Force. Gifts, bequests, 


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1 or devises of money and proceeds from sales of other 

2 property received as gifts, bequests, or devises shall 

3 be deposited in the Treasury and shall be available 

4 for disbursement upon order of the Task Force. 

5 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to carry out this section 

7 $1,000,000 for each of fiscal years 2008, 2009, and 2010. 

8 SEC. 5. AUTHORIZATION FOR ADDITIONAL STAFF AND 

9 FUNDING. 

10 There are authorized to be appropriated such sums 

11 as are necessary to hire additional employees (including 

12 agricultural law and economics experts) for the Transpor13 tation, Energy, and Agriculture Section of the Antitrust 

14 Division of the Department of Justice, to enhance the re15 view of agricultural transactions and monitor, investigate, 

16 and prosecute unfair and deceptive practices in the agri17 cultural industry. 

18 SEC. 6. ENSURING FULL AND FREE COMPETITION IN AGRI19 CULTURE. 

20 (a) BURDEN OF PROOF.—Section 7 of the Clayton 

21 Act (15 U.S.C. 18) is amended by adding at the end the 

22 following: 

23 ‘‘In this paragraph, the term ‘covered civil action’ 

24 means a civil action brought against any person for vio25 lating this section in which the plaintiff alleges that the 


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1 effect of a merger, acquisition, or other transaction affect2 ing commerce may be to substantially lessen competition, 

3 or to tend to create a monopoly, in the business of pro4 curing agricultural products from, or selling products to, 

5 agricultural producers in one or more geographic areas, 

6 and establishes that a merger, acquisition, or transaction 

7 is between or involves persons competing in the business 

8 of procuring agricultural products from, or selling prod9 ucts to, agricultural producers. In any covered civil ac10 tion— 

11 ‘‘(A) if the plaintiff is the Federal Govern12 ment or a State government, the burden of 

13 proof shall be on the defendant or defendants 

14 to establish by a preponderance of the evidence 

15 that the merger, acquisition, or transaction at 

16 issue will not— 

17 ‘‘(i) substantially lessen competition; 

18 or 

19 ‘‘(ii) tend to create a monopoly in 1 or 

20 more geographic markets; and 

21 ‘‘(B) for any other plaintiff, if the plaintiff 

22 demonstrates that the parties to the merger, ac23 quisition, or other transaction have a combined 

24 market share of not less than 20 percent in any 

25 relevant market, the burden of proof shall be on 


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1 the defendant or defendants to establish by a 

2 preponderance of the evidence that the merger, 

3 acquisition, or transaction at issue will not— 

4 ‘‘(i) substantially lessen competition; 

5 or 

6 ‘‘(ii) tend to create a monopoly in 1 or 

7 more geographic markets.’’. 

8 (b) AGRICULTURAL GUIDELINES.— 

9 (1) FINDINGS.—Congress finds the following: 

10 (A) The effective enforcement of the anti11 trust laws in agriculture requires that the anti12 trust enforcement agencies have guidelines with 

13 respect to mergers and other anticompetitive 

14 conduct that are properly adapted to the special 

15 circumstances of agricultural commodity mar16 kets. 

17 (B) There has been a substantial increase 

18 in concentration in the markets in which agri19 cultural commodities are sold, with the result 

20 that buyers of agricultural commodities often 

21 possess regional dominance in the form of oli22 gopsony or monopsony relative to sellers of such 

23 commodities. A substantial part of this increase 

24 in market concentration is the direct result of 

25 mergers and acquisitions that the antitrust enVerDate Aug 31 2005 03:20 Jul 12, 2007 Jkt 059200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1759.IS S1759

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1 forcement agencies did not challenge, in large 

2 part because of the lack of appropriate guide3 lines identifying particular structural character4 istics in the agricultural industry and the ad5 verse competitive effects that such acquisitions 

6 and mergers would create. 

7 (C) The cost of transportation, impact on 

8 quality, and delay in sales of agricultural com9 modities if they are to be transported to more 

10 distant buyers result in narrow geographic mar11 kets with respect to buyer power. 

12 (D) Buyers have no economic incentive to 

13 bid up the price of agricultural commodities in 

14 the absence of effective competition. Further, 

15 the nature of buying makes it feasible for larger 

16 numbers of buyers to engage in tacit or overt 

17 collusion to restrain price competition. 

18 (E) Buyers with oligopsonistic or 

19 monopsonistic power have incentives to engage 

20 in unfair, exploitive, discriminatory, and exclu21 sionary acts that cause producers of agricul22 tural commodities to receive less than a com23 petitive price for their goods, transfer economic 

24 risks to sellers without reasonable compensaVerDate Aug 31 2005 03:20 Jul 12, 2007 Jkt 059200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S1759.IS S1759

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1 tion, and exclude sellers from access to the 

2 market. 

3 (F) Markets for agricultural commodities 

4 often involve contexts in which many producers 

5 have relatively limited information and no bar6 gaining power with respect to the sale of their 

7 commodities. These conditions invite buyers 

8 with significant oligopsonistic or monopsonistic 

9 power to exercise that power in ways that in10 volve discrimination, exploitation, and undue 

11 differentiation among sellers. 

12 (G) Some Federal courts have incorrectly 

13 required a plaintiff to show harm to competition 

14 generally, in addition to harm to the producer 

15 of agricultural commodities when making a de16 termination that an unfair, unjustly discrimina17 tory, deceptive, or preferential act exists. Those 

18 same courts have also incorrectly held that it is 

19 a complete defense if a defendant can show any 

20 nonharmful justification for an act or practice, 

21 even though such conduct was not essential to 

22 the business activities of the defendant or there 

23 were less harmful ways to achieve a reasonably 

24 comparable result with respect to the legitimate 

25 and necessary interests of the defendant. 


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1 (2) ISSUANCE OF GUIDELINES.—The Assistant 

2 Attorney General and the Chairman, in consultation 

3 with the Special Counsel, shall issue agricultural 

4 guidelines informed and guided by the findings 

5 under paragraph (1) that— 

6 (A) facilitate a fair, open, accessible, trans7 parent, and efficient market system for agricul8 tural products; 

9 (B) reflect the national public interest in 

10 preserving a substantial and diverse family 

11 farm and ranch sector; 

12 (C) recognize that increasing competition 

13 in the purchase of agricultural products by 

14 highly concentrated firms from a sector in per15 fect competition is entirely consistent with the 

16 objective of the antitrust laws to protect con17 sumers and enhance consumer benefits from 

18 competition; and 

19 (D) prevent any merger or acquisition in 

20 the agricultural industry, if the effect of that 

21 merger or acquisition may be to substantially 

22 lessen competition or tend to create a monop23 oly. 

24 (3) CONTENTS.—The agricultural guidelines 

25 issued under paragraph (2) shall consist of merger 


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1 guidelines relating to existing and potential competi2 tion and vertical integration that— 

3 (A) establish appropriate methodologies for 

4 determining the geographic and product mar5 kets for mergers affecting agricultural com6 modity markets; 

7 (B) establish thresholds of increased con8 centration that raise a presumption that the 

9 merger will have an adverse effect on competi10 tion in the affected agricultural commodities 

11 markets; 

12 (C) identify potential adverse competitive 

13 effects of mergers in agricultural commodities 

14 markets in a nonexclusive manner; and 

15 (D) identify the factors that would permit 

16 an enforcement agency to determine when a 

17 merger in the agricultural commodities market 

18 might avoid liability because it is not likely to 

19 have an adverse effect on competition. 

20 (c) AGRICULTURE COMPETITION TASK FORCE

21 WORKING GROUP ON BUYING POWER.—In issuing agri22 cultural guidelines under this section, the Chairman and 

23 the Assistant Attorney General shall consult with the 

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1 lished under section 4(d) and shall incorporate and imple2 ment the recommendations of that working group. 

3 (d) COMPLETION.—Not later than 1 year after the 

4 date of enactment of this Act, the Chairman and the As5 sistant Attorney General shall issue agricultural guidelines 

6 under this section. 

7 (e) REPORT.—Not later than 1 year after the date 

8 of enactment of this Act, the Chairman and the Assistant 

9 Attorney General shall jointly submit a report to the Com10 mittee on the Judiciary of the Senate and the Committee 

11 on the Judiciary of the House of Representatives regard12 ing the issuing of agricultural guidelines under this sec13 tion. 

14 SEC. 7. POST-MERGER REVIEW OF AGRICULTURAL TRANS15 ACTIONS. 

16 (a) IN GENERAL.—Not later than 5 years after the 

17 date of a covered merger or acquisition, the Assistant At18 torney General or the Chairman, as the case may be, shall 

19 conduct a post-merger review to determine whether the ef20 fect of that covered merger or acquisition tended to sub21 stantially reduce competition in the agricultural industry. 

22 (b) SHARING OF RESULTS.—The Assistant Attorney 

23 General or the Chairman shall submit the results of any 

24 post-merger review under subsection (a) to the Task 


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1 Force, for its consideration in examining problems in agri2 cultural competition. 

3 (c) DEFINITION.—In this section, the term ‘‘covered 

4 merger or acquisition’’ means a merger or acquisition— 

5 (1) in the agricultural industry; 

6 (2) that is subject to the notification require7 ments under section 7A of the Clayton Act (15 

8 U.S.C. 18a); 

9 (3) for which the Assistant Attorney General or 

10 the Chairman, as the case may be, required the sub11 mission of additional information or documentary 

12 material under section 7A(e)(1)(A) of the Clayton 

13 Act (15 U.S.C. 18a(e)(1)(A)); and 

14 (4) for which, after review under that section, 

15 the Assistant Attorney General or the Chairman, as 

16 the case may be— 

17 (A) did not institute a proceeding or action 

18 under the antitrust laws; or 

19 (B) instituted a proceeding or action under 

20 the antitrust laws that was resolved through a 

21 settlement agreement or consent decree. 

22 SEC. 8. SPECIAL COUNSEL FOR COMPETITION MATTERS. 

23 (a) IN GENERAL.—There is established within the 

24 Department of Agriculture the Office of Competition and 


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1 Fair Practices, headed by a Special Counsel for Competi2 tion Matters. 

3 (b) DUTIES.—The Special Counsel shall— 

4 (1) analyze mergers within the food and agri5 cultural sectors, in consultation with the Chief Econ6 omist of the Department of Agriculture, the Assist7 ant Attorney General, and the Chairman, as re8 quired under section 9; and 

9 (2) investigate and prosecute violations of the 

10 Packers and Stockyards Act, 1921 (7 U.S.C. 181 et 

11 seq.). 

12 (c) AUTHORIZATION FOR ADDITIONAL STAFF AND

13 FUNDING.— 

14 (1) ADDITIONAL STAFF.—The Special Counsel 

15 shall hire sufficient employees (including antitrust 

16 and litigation attorneys, economists, and investiga17 tors) to appropriately carry out the responsibilities 

18 of the Office of Competition and Fair Practices 

19 under this Act. 

20 (2) AUTHORIZATION.—There are authorized to 

21 be appropriated such sums as are necessary to carry 

22 out paragraph (1). 


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1 SEC. 9. AGRIBUSINESS MERGER REVIEW AND ENFORCE2 MENT BY THE DEPARTMENT OF AGRI3 CULTURE. 

4 (a) NOTICE.—The Assistant Attorney General or the 

5 Commissioner, as appropriate, shall notify the Secretary 

6 of any filing under section 7A of the Clayton Act (15 

7 U.S.C. 18a) involving a merger or acquisition in the agri8 cultural industry, and shall give the Secretary the oppor9 tunity to participate in the review proceedings. 

10 (b) REVIEW.— 

11 (1) IN GENERAL.—After receiving notice of a 

12 merger or acquisition under subsection (a), the Sec13 retary may submit to the Assistant Attorney General 

14 or the Commissioner, as appropriate, and publish 

15 the comments of the Secretary regarding that merg16 er or acquisition, including a determination regard17 ing whether the merger or acquisition may have a 

18 substantial adverse impact on rural communities or 

19 the family farm and ranch sector, such that further 

20 review by the Assistant Attorney General or the 

21 Commissioner, as appropriate, is warranted. 

22 (2) SECOND REQUESTS.—For any merger or 

23 acquisition described in subsection (a), if the Assist24 ant Attorney General or the Chairman, as the case 

25 may be, requires the submission of additional infor26 mation or documentary material under section 


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1 7A(e)(1)(A) of the Clayton Act (15 U.S.C. 

2 18a(e)(1)(A))— 

3 (A) copies of any materials provided in re4 sponse to such a request shall be made available 

5 to the Secretary; and 

6 (B) the Secretary— 

7 (i) shall submit to the Assistant At8 torney General or the Chairman such addi9 tional comments as the Secretary deter10 mines appropriate; and 

11 (ii) shall publish a summary of any 

12 comments submitted under clause (i). 

13 (c) REPORT.— 

14 (1) IN GENERAL.—The Secretary shall submit 

15 an annual report to Congress regarding the review 

16 of mergers and acquisitions described in subsection 

17 (a). 

18 (2) CONTENTS.—Each report submitted under 

19 paragraph (1) shall provide a description of each 

20 merger or acquisition described in subsection (a) 

21 that was reviewed by the Secretary during the year 

22 before the date that report is submitted, including— 

23 (A) the name and total resources of each 

24 entity involved in that merger or acquisition; 


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1 (B) a statement of the views of the Sec2 retary regarding the competitive effects of that 

3 merger or acquisition on— 

4 (i) agricultural markets; and 

5 (ii) rural communities and small, 

6 independent producers; and 

7 (C) a statement indicating whether the As8 sistant Attorney General or the Chairman, as 

9 the case may be, instituted a proceeding or ac10 tion under the antitrust laws, and if so, the sta11 tus of that proceeding or action. 

12 SEC. 10. AUTHORIZATION FOR ADDITIONAL STAFF AND 

13 FUNDING FOR THE GRAIN INSPECTION, 

14 PACKERS, AND STOCKYARDS ADMINISTRA15 TION. 

16 There are authorized to be appropriated such sums 

17 as are necessary to enhance the capability of the Grain 

18 Inspection, Packers, and Stockyards Administration to 

19 monitor, investigate, and pursue the competitive implica20 tions of structural changes in the meat packing and poul21 try industries by hiring litigating attorneys to allow the 

22 Grain Inspection, Packers, and Stockyards Administration 

23 to more comprehensively and effectively pursue its en24 forcement activities. 

Æ 


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