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Earlier this year, Foley & Lardner reported on the Department of Justice ("DOJ") Antitrust Division's announced plans to ramp up civil and criminal antitrust enforcement in the agriculture sector. Recent actions taken by the DOJ and statements made by leading officials in the Antitrust Division show they are making good on those promises.
Most recently, Assistant Attorney General Gail Slater announced this past Wednesday that DOJ enforcers have initiated several investigations aimed at the meatpacking industry—which she called a "priority" for the DOJ. Earlier this month, U.S. Attorney General Pam Bondi similarly announced that a joint investigation into the industry by the DOJ Antitrust Division and the Department of Agriculture was underway. Both announcements came shortly on the heels of November 7, 2025, Truth Social posts from President Trump, where he called on the DOJ to "immediately begin an investigation" into the major meat processors. The President's exhortation may have resulted from increasing commentary about rising consumer costs for beef products. The ensuing investigations could be expansive and extend well beyond the companies singled out by the President.
The DOJ has signaled its intended focus on the agriculture industry through other means too. The Antitrust Division and the Department of Agriculture recently executed a Memorandum of Understanding to facilitate the agencies' cooperation in "monitoring competitive conditions in the agricultural marketplace." Additionally, the DOJ has initiated large-scale investigations in the industry in recent years, such as the 2021 investigation into the broiler chicken industry, and brought several large agricultural antitrust enforcement actions, including the still-ongoing United States v. Agri Stats, Inc. There, the DOJ alleges that Agri Stats violated Section 1 of the Sherman Act by collecting, utilizing, and sharing competitively sensitive price, cost, and output information among competing meat processors. Given the role of Agri Stats in private antitrust litigation against broiler chicken producers, the DOJ suit highlights the need for agriculture companies to diligently monitor their use of third-party aggregate benchmarking services.
These recent developments have important implications for companies in the agriculture industry (and beyond). They are likely to see a continued uptick in DOJ investigations and resulting criminal and civil enforcement cases. It is also reasonable to expect a flurry of follow-on civil litigation (including class actions) initiated by private plaintiffs. Coming into an election year, these matters may also create pressure for Congressional investigations and hearings. Companies in the agriculture industry should be mindful of this heightened legal, and potentially political, scrutiny.
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