Trump Administration Steps Up Antitrust Enforcement in Food and Agriculture
On December 6, 2025, President Trump issued an Executive Order (EO) entitled “Addressing Security Risks from Price Fixing and Anti-Competitive Behavior in the Food Supply Chain.”[1] The EO directs the Department of Justice (DOJ) and Federal Trade Commission (FTC) to create a Food Supply Chain Security Task Force. The Task Force is charged with investigating anti‑competitive conduct in food-related industries, including whether foreign entities are increasing food prices in the United States and posing national or economic security risks. The EO expressly mentions the meat processing, seed, fertilizer, and equipment industries, but may impact the entire food supply chain. The EO’s stated goal is to lower food prices and secure the food supply in the United States.
The creation of this new task force follows a series of actions by the Trump administration designed to address price and scarcity issues in U.S. food and agriculture supply. For instance, in early 2025, it was reported that the DOJ began investigating whether major egg producers were sharing supply and pricing information, thereby increasing prices.[2] In September 2025, the DOJ and U.S. Department of Agriculture (USDA) signed a Memorandum of Understanding (MOU) to coordinate on the protection of competition in key agricultural markets such as feed, fertilizer, fuel, seed, equipment, and other essential goods.[3]
On November 7, 2025, President Trump directed the DOJ to launch an investigation into potential collusion, price fixing, and price manipulation by foreign meat packing companies.[4]
Shortly afterward, on November 19, 2025, DOJ Assistant Attorney General for Antitrust Abigail Slater (AAG Slater) noted in a speech that antitrust enforcement in agriculture is a top priority and the MOU with the USDA a positive start. She added that the DOJ’s “agriculture cases will be informed by the President’s order . . . our MOU with the USDA as well as our industry meetings. But they will of course turn on the facts and evidence and be grounded in existing law and precedent.” [5]
The December 6 EO is the latest sign that the Trump administration is keenly focused on antitrust and security issues in the food and agriculture sector. This EO continues and expands an enforcement priority from prior administrations, which saw investigations and enforcement actions in broiler chickens,[6] meat processing,[7] pesticides,[8] poultry processing labor,[9] grocery stores,[10] and agricultural equipment repair.[11] While these more recent cases reflect increased scrutiny, the FTC and DOJ have long been active in the space as seen in earlier actions in tuna sales,[12] milk processing,[13] food service distribution,[14] and crop protection chemicals.[15]
Companies in these industries should ensure that their practices are consistent with U.S. antitrust law and involve antitrust counsel to help audit ongoing and anticipated pricing and related conduct, as well as advise on transactions. While the order is not directed primarily at mergers, merger reviews may also expand into broader conduct investigations if the DOJ or FTC uncovers potential anti-competitive conduct during the review process.
[1] Addressing Security Risks from Price Fixing and Anti-Competitive Behavior in the Food Supply Chain, The White House (Dec. 6, 2025).
[2] Katherine Faulders & Soo Youn, DOJ investigating major egg producers amid soaring prices: Sources, ABC News (Mar. 8, 2025).
[3] Press Release, U.S. Dep’t of Justice, Justice Department and USDA Coordinate to Protect Competition in Agricultural Inputs (Sept. 29, 2025).
[4] Trump Administration Cracks Down on Foreign-Owned Meat Packing Cartels, The White House (Nov. 7, 2025).
[5] Gail Slater, Assistant Attorney Gen., U.S. Dept. of Justice’s Antitrust Div., Remarks at Drake University Law School on Antitrust and Agriculture: Agriculture, Antitrust, and Chesterton’s Fence (Nov. 19, 2025).
[6] Press Release, U.S. Dep’t of Justice, One of the Nation’s Largest Chicken Producers Pleads Guilty to Price Fixing and is Sentenced to a $107 Million Criminal Fine (Feb. 23, 2021).
[7] Press Release, U.S. Dep’t of Justice, Justice Department Sues Agri Stats for Operating Extensive Information Exchanges Among Meat Processors (Sept. 28, 2023).
[8] Press Release, Fed. Trade Comm’n, FTC and State Partners Sue Pesticide Giants Syngenta and Corteva for Using Illegal Pay-to-Block Scheme to Inflate Prices for Farmers (Sept. 29, 2022).
[9] Press Release, U.S. Dep’t of Justice, Justice Department Files Lawsuit and Proposed Consent Decrees to End Long-Running Conspiracy to Suppress Worker Pay at Poultry Processing Plants and Address Deceptive Abuses Against Poultry Growers (July 25, 2022).
[10] Press Release, Fed. Trade Comm’n, FTC Challenges Kroger’s Acquisition of Albertsons (Feb. 26, 2024).
[11] Press Release, Fed. Trade Comm’n, FTC, States Sue Deere & Company to Protect Farmers from Unfair Corporate Tactics, High Repair Costs (Jan. 15, 2025).
[12] Press Release, U.S. Dep’t of Justice, StarKist Ordered to Pay $100 Million Criminal Fine for Antitrust Violation (Sept. 11, 2019).
[13] Press Release, U.S. Dep’t of Justice, Justice Department Requires Divestitures as Dean Foods Sells Fluid Milk Processing Plants to DFA out of Bankruptcy (May 1, 2020).
[14] Press Release, Fed. Trade Comm’n, FTC Challenges Proposed Merger of Sysco and US Foods (Feb. 19, 2015).
[15] Press Release, U.S. Dep’t of Justice, Justice Department Secures Largest Negotiated Merger Divestiture Ever to Preserve Competition Threatened by Bayer’s Acquisition of Monsanto (May 29, 2018).
Alexander OkuliarCo-chair Global Antitrust Law Practice Group
Omar E. PringlePartner
Mitchell S. PresserPartner
Tyler PhelpsAssociate
Kevin WangAssociate