Edited by Braydan Leal, Gabriel Hentschel, and Sofia Meinardus
Abstract
This paper argues that courts should revert to an earlier antitrust regime that prioritized competitive market structures in the United States meatpacking industry. The current meatpacking market is dominated by four firms, leading to elevated consumer prices, lower cattle prices, and sustained profits for the major packers, raising concerns about the adequacy of modern antitrust enforcement. This paper contends that the courts of the United States should invoke the Sherman Antitrust Act to break up the meatpackers, force divestments, and impose fines on the major firms until their concentration is below levels that would be regarded as harmful under the Herfindahl-Hirschman Index. In doing so, the courts would prevent excessive concentration in the meatpacking industry and restore competition in the markets, thereby returning antitrust law to its main purpose.
