TOTM
Antitrust at the Agencies: The Meat of the Matter Edition
The Federal Trade Commission (FTC) issued comments Sept. 11 in support of a proposed U.S. Department of Agriculture (USDA) rule that “seeks to clarify the scope of what constitutes unfair practices under the Packers and Stockyards Act (PSA), which assures fair competition and fair trade practices to protect farmers, ranchers, growers, and consumers.”
In the abstract, “fairness” is a fine thing—or, at least, a fair one. And covered entities ought to obey the law. But why is the commission chiming in to deny the importance of competitive harm in USDA regulations implementing the PSA?