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SSRN Electronic Journal
Article . 2011 . Peer-reviewed
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Does the Packers and Stockyards Act Require Antitrust Harm?

Authors: Hovenkamp, Herbert J.;

Does the Packers and Stockyards Act Require Antitrust Harm?

Abstract

The Packers and Stockyards Act was enacted in 1921. Congress was plainly influenced by the 1919 publication of a Federal Trade Commission Report on the meatpacking industry. Consistent with the FTC’s jurisdiction and concerns, the Report dealt with deceptive and unfair practices as well as practices that were believed to violate the antitrust laws. The language of the PSA does much the same, mixing the two. Of its seven specific prohibitions, three contain antitrust-like provisions requiring a lessening of competition. Two others reach unfair and tort-like conduct without any requirement of harm to competition. The remaining two reach both anticompetitive and tortuous conspiracies. One of the conspiracy provisions plainly reaches price fixing and market division agreements. The other plainly reaches a full range of tortious and anticompetitive conduct without stating a harm to competition requirement.This brief essay considers the wisdom of holdings in half a dozen Circuit Courts of Appeal that even those sections of the statute that do not explicitly require harm to competition must be interpreted as if they did.

Country
United States
Keywords

330, federal trade commission, Legislation, Torts, packers and stockyards act, antitrust, statutory interpretation, Law and Economics, Antitrust and Trade Regulation, competition, Law, harm

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
bronze