DOJ Challenged Beef Packing Merger

Earlier this year, JBS SA, the third largest beef packer in the US, acquired National Beef Packing and Smithfield, the fourth and fifth largest packers, respectively.  The Antitrust Division filed suit in the Northern District of Illinois challenging JBS’s acquisition of National Beef, but not Smithfield.  The acquisition would create the largest beef packer with 35% of the market, and the three largest packers would control 80% of the market.  The Division claimed that the merger would restrain both ends of the market, leading to lower prices being paid to cattle raisers and higher prices being paid by beef consumers.  The case was joined by antitrust enforcement authorities in 14 states, including most of the plains and mountain states.  JBS vowed to defend itself vigorously, arguing that efficiencies made possible by the merger would lead to lower prices for consumers.

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