1721-Clem Ward Cattle

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    Clement Ward

    Professor Emeritus

    Oklahoma State University

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    ` Put beefpacking concentration and competition issues

    in historical perspective` Highlight major market structure changes in

    beefpacking

    ` Note key lawsuits and court rulings` Summarize (briefly) the body of research related to

    market structure, pricing, and competition issues

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    ` Senator John B. Kendrick, Wyoming, 1919

    This squall between the packers and the producersof this country ought to have blown over forty years

    ago, but we still have it on our hands

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    ` Passage of the Packers and Stockyards Act in 1921

    ` Creation the Packers and Stockyards Administrationwithin the U.S. Department of Agriculture

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    ` William H. Nicholls,J. Political Economy, 1940

    Only after considerable further investigation will weknow whether or not reform in the packing industry

    is necessary. It is conceivable that such monopoly

    elements as exist yield desirable results. A lessextreme possibility is that results are undesirable but

    not sufficiently bad to bother about. (emphasis

    added)

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    ` Producers in 1975 filed the Meat Price Investigators

    Association and Bray lawsuits against the four largestretailers, four largest packers, and the leading meat

    price reporting firm

    `

    After several years of litigation, all producercomplaints were rejected by the courts

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    ` Late-1970s and 1980s saw rapid growth in larger

    plants in response to economies of size` Was also a tumultuous period in terms of

    consolidation (plant closings, acquisitions,

    restructuring of labor agreements, plant expansions,and reopenings)

    ` Note, economies of size pertain toplantsize (in terms

    of minimum efficient size) notfirm size (i.e., numberof plants per firm)

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    60

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    90

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    120

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    0 300 600 900 1,200 1,500

    OSU, Industry data 1985 USDA, Simulated data 1988

    USDA, Census data 1992

    Dollars per head

    Thousand head annual slaughter

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    0

    20

    40

    60

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    1976 1978 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006

    50,000-499,000 500,000 +

    Number of plants

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    0

    5

    10

    15

    20

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    1976 1978 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006

    50,000-499,000 500,000 +

    Million head annual slaughter

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    ` Monfort of Colorado in 1985 attempted to block an

    acquisition of a competitor (Spencer Beef) by anothercompetitor (Cargill) which was believed would be

    harmful both to Monfort and the beef industry

    `

    Courts allowed the merger to proceed` Opened the door to a series of mergers in 1987,

    creating the big 3 packers (IBP, Excel, and ConAgra)

    `

    Caused a sharp increase in the national four-firmconcentration ratio

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    ` Producers filed suit in 1996, initially known as

    Pickett v IBP, and later known as Pickett v TysonFresh Meats after Tyson purchased IBP in 2001

    ` Jury in Federal Court ruled in favor of plaintiffs in

    2004 and assessed damages of $1.28 billion` But the trial judge set aside the jury ruling and

    entered a summary judgment for Tyson, which was

    upheld in 2006 by an Appellate Court

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    Source: GIPSA, USDA

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    Source: GIPSA, USDA

    MPIA, Bray case

    Pickett v IBP case

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    ` Competition issues have persisted through time while

    the largest firms have changed` Big 3 today are Cargill Meat Solutions, Tyson Foods,

    and JBS USA

    `

    Both mergers/acquisitions and internal growth havesignificantly affected concentration

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    ` Price discovery and use of alternative pricing

    methods

    ` Initially called captive supplies but more recently

    termed alternative marketing arrangements (AMAs)

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    ` Negotiated cash market purchases

    ` Formula price arrangements (typically tied to the

    cash market)

    ` Forward contracts (tied to the futures market)

    ` Packer ownership of fed cattle

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    0

    50000

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    Head

    5St Total Head NegCas h Natl FwdCon Head Natl NegGrid Head Natl Form Head Natl PkrOwned Head

    Source: AMS, USDA

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    Source: AMS, USDA

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    $/cwt

    5St DS Price NegCash Natl FwdCon DS Price Natl NegGrid DSPrice Natl Form DS Price

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    ` Market structure, behavior, and performance

    ` Economies of size in slaughtering and fabricating` Relative geographic market for fed cattle

    procurement

    ` Pricing methods and impacts, especially for captivesupply or alternative marketing methods

    ` Oligopolistic and oligopsonistic market power in

    meatpacking

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    ` Most found a positive relationship between fed cattle

    prices and number of buyers (Ward 1981; Ward1992; Schroeder el al. 1993)

    ` And a negative relationship between fed cattle prices

    and concentration (Menkhaus, St. Clair, Ahmaddaud1981; Ward 1992; Marion and Geithman 1995)

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    ` Several found modest evidence of oligopsony

    behavior (Schroeter 1988; Schroeter and Azzam1990; Azzam and Pagoulatos 1990; Azzam and

    Schroeter 1991; Koontz, Garcia, Hudson 1993;

    Weliwita and Azzam 1996; Koontz and Garcia 1997)

    ` Others found little or no evidence of oligopsony,

    oligopoly behavior (Driscoll, Kambhampaty, Purcell

    1997; Muth and Wohlgenant 1999; Matthews, Jr. et

    al. 1999; Ward and Stevens 2000; Schroeter, Azzam,

    Zhang 2000; Paul 2001)

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    ` Economies of size found by alternative methods,

    data, and time periods (Sersland 1985; Duewer andNelson 1991; MacDonald et al. 2000; Paul 2001)

    ` Related research shows the importance of plant

    utilization (Sersland 1985; Duewer and Nelson

    1991;Ward 1990; Barkley and Schroeder 1996; Paul

    2001)

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    ` When compared, economies of size have been found

    to more than offset oligopsony price distortions(Azzam and Schroeter 1995; Paul 2001)

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    ` Studies have consistently found small negative price

    impacts associated with use of alternative marketingarrangements (Elam 1992; Schroeder et al. 1993;

    Ward, Koontz, Schroeder 1998; Schroeter and Azzam

    2003, 2004; Muth et al. 2008)

    ` Studies also suggest problems with formula pricing to

    the cash market (Crespi and Sexton 2004, 2005; Xia

    and Sexton 2004)

    ` But feeder-packer relationships help explain their

    persistence (Hunnicutt , Bailey, and Crook 2004)

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    ` Economic factors (though not in isolation) have led toincreased concentration in beefpacking

    ` This industry trend parallels a similar trend in theU.S. economy

    ` Economic research has estimated both the gains and

    losses associated with changes in concentration andpricing in beefpacking

    ` Identifying correct regulatory intervention at specific

    points in the past is difficult a point not verysatisfying both to many agricultural producers andpolicymakers