A joint resolution directing the Federal Trade Commission to investigate and report on anticompetitive practices and violations of antitrust law in the beef packing industry.
Bill: S.J.Res.47 | Sponsor: Sen. Warren, Elizabeth (D-MA)
Policy area: Commerce

Summary:
This resolution directs the Federal Trade Commission to investigate and report on the extent of anticompetitive practices such as price fixing within the beef packing industry.

117th CONGRESS
  2d Session
S. J. RES. 47

  Directing the Federal Trade Commission to investigate and report on 
 anticompetitive practices and violations of antitrust law in the beef 
                           packing industry.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 19 (legislative day, May 17), 2022

Ms. Warren (for herself and Mr. Rounds) introduced the following joint 
 resolution; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                            JOINT RESOLUTION


 
  Directing the Federal Trade Commission to investigate and report on 
 anticompetitive practices and violations of antitrust law in the beef 
                           packing industry.

Whereas sections 6 and 6A of the Federal Trade Commission Act (15 U.S.C. 46, 
        46a) authorize Congress, through a resolution passed by the Senate and 
        the House of Representatives, to direct the Federal Trade Commission to 
        investigate and report the facts relating to any alleged violations of 
        antitrust law by any corporation;
Whereas ranchers in the United States receive approximately 39 cents of every 
        dollar a consumer spends on beef, compared to the 60 cents of every 
        dollar they received 50 years ago;
Whereas, each year since 1980, an average of nearly 17,000 cattle ranchers have 
        gone out of business;
Whereas, between 2015 and 2018, the difference between the cost of wholesale 
        beef and the price paid to ranchers increased by 60 percent, while the 
        top beef packers enjoyed record profits;
Whereas beef packing companies have paid millions of dollars to settle beef 
        price-fixing claims in recent years;
Whereas increased multinational agribusiness consolidation has put foreign firms 
        in dominant positions within the United States beef packing industry;
Whereas increased consolidation in the beef packing industry has exposed 
        vulnerabilities in the food supply system of the United States;
Whereas the top 4 beef packers increased their market share from 32 percent to 
        85 percent in the past 3 decades;
Whereas the top 4 beef packers control roughly 85 percent of the beef supply to 
        the wholesale market in the United States; and
Whereas consolidated lawsuits were filed against the top 4 beef packers with 
        many complaints, including that of a 10-year quality assurance officer 
        at a top 4 beef packer who witnessed the cutback on slaughter numbers 
        when fed cattle prices rose above a specific threshold: Now, therefore, 
        be it
    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the Federal Trade 
Commission is directed to investigate and, not later than 1 year after 
the date of enactment of this Act, report to the Committee on the 
Judiciary of the Senate and the Committee on the Judiciary of the House 
of Representatives on--
            (1) the extent of anticompetitive practices and violations 
        of the antitrust laws (as defined in the first section of the 
        Clayton Act (15 U.S.C. 12)) in the beef packing industry, 
        including--
                    (A) price fixing;
                    (B) anticompetitive acquisitions;
                    (C) anticompetitive vertical integration;
                    (D) dominance of supply chains; and
                    (E) monopolization;
            (2) the monetary and other harms of anticompetitive 
        practices and violations of the antitrust laws in the beef 
        packing industry on consumers, ranchers, farmers, plant 
        workers, and small businesses; and
            (3) recommendations for legislation, or other remedial 
        actions, as appropriate.
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