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Code · BILL · 119th Congress · S. 4007 (Introduced in Senate) — To restore competition in the meatpacking industry by reducing excessive concentration and market power and ultimatel... · Sec. 402

Sec. 402. Report on maximizing authority under section 406 of the packers and stockyards act, 1921, and related Federal trade commission authorities

705 words·~3 min read·/bill/119/s/4007/is/section-402

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Not later than 180 days after the date of enactment of this Act, the Commission shall submit to the congressional committees described in subsection
(c)a report describing how the Commission is using and maximizing, and plans to further maximize— its authorities under section 406 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 227 ) and section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) to address— unfair and unjustly discriminatory retail and wholesale prices for meat, meat food products, and livestock products in unmanufactured form; and price discrimination in meat, including beef and pork, that results in higher prices or otherwise less favorable terms for independent, smaller, or neighborhood grocery stores; and its authority under section 6(b) of the Federal Trade Commission Act ( 15 U.S.C. 46(b) ) to conduct studies and obtain information, including compulsory process where appropriate, regarding the structure, conduct, and performance of retail and wholesale meat markets, and the pricing, contracting, and merchandising practices of firms operating in those markets. The report required under subsection
(a)shall include, at a minimum— a description of the Commission's interpretation of its authority under section 406 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 227 ), and section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ), as those authorities apply to unfair and unjustly discriminatory retail and wholesale meat prices and to price discrimination in meat affecting retail grocers; a description of any policies, guidance, rules, or enforcement priorities the Commission has adopted, revised, or is considering to better detect, deter, and remedy such conduct using its authority under section 406 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 227 ), section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ), and other applicable statutes; a summary of any investigations, enforcement actions, or other proceedings, initiated or completed during the 180-day period beginning on the date of enactment of this Act, that involve alleged unfair and unjustly discriminatory retail or wholesale meat prices or price discrimination in meat affecting retail grocers, to the extent practicable and consistent with the protection of confidential or law-enforcement-sensitive information; an assessment of how unfair and unjustly discriminatory pricing, and price discrimination in meat affecting retail grocers, may contribute to higher prices or reduced access to meat products for consumers in particular geographic areas or demographic groups; a description of the Commission's coordination with the Department of Agriculture, the Department of Justice, and any other relevant Federal or State agencies with respect to unfair and unjustly discriminatory retail and wholesale meat prices and price discrimination affecting retail grocers; any recommendations for additional statutory authority, resources, or other measures that the Commission determines would enhance its ability to address unfair and unjustly discriminatory retail and wholesale meat prices and price discrimination in meat that harms competition and consumers; a description of how the Commission has used, or plans to use, its authority under section 6(b) of the Federal Trade Commission Act ( 15 U.S.C. 46(b) ) to study and obtain information regarding retail and wholesale meat pricing, fees, discounts, allowances, and other terms or practices that may result in unfair or unjustly discriminatory prices or price discrimination affecting independent, smaller, or neighborhood grocery stores; and an identification of any studies initiated, ongoing, or completed under section 6(b) of the Federal Trade Commission Act ( 15 U.S.C. 46(b) ) that relate to retail or wholesale meat markets, food retailing, or related pricing and merchandising practices, and a discussion of how the results of such studies inform, or are expected to inform, the Commission's enforcement, policy development, and coordination with other Federal or State agencies with respect to unfair and unjustly discriminatory retail or wholesale meat prices and price discrimination. The congressional committees described in this subsection are the following: The Committee on Commerce, Science, and Transportation of the Senate . The Committee on Agriculture, Nutrition, and Forestry of the Senate . The Committee on the Judiciary of the Senate . The Committee on Energy and Commerce of the House of Representatives . The Committee on Agriculture of the House of Representatives . The Committee on the Judiciary of the House of Representatives .
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Sec. 402
Report on maximizing authority under section 406 of the packers and stockyards act, 1921, and related Federal trade commission authorities
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