1 00:00:03,120 --> 00:00:08,200 Speaker 1: Bloomberg Audio Studios, podcasts, radio news. 2 00:00:11,760 --> 00:00:15,240 Speaker 2: Joe, why did the chicken join the Revolutionary War? I 3 00:00:15,280 --> 00:00:17,400 Speaker 2: have no idea, because it didn't want to be cooped 4 00:00:17,480 --> 00:00:18,560 Speaker 2: up under British rule. 5 00:00:18,760 --> 00:00:22,239 Speaker 3: Okay, but it sitting aside the terrible puns. Wasn't it 6 00:00:22,280 --> 00:00:23,119 Speaker 3: really about taxes? 7 00:00:23,239 --> 00:00:23,479 Speaker 4: Joe? 8 00:00:23,720 --> 00:00:26,760 Speaker 2: Joe? Why did the colonial chicken refuse to pay British 9 00:00:26,840 --> 00:00:29,760 Speaker 2: taxes because it didn't want to put all its eggs 10 00:00:29,800 --> 00:00:31,160 Speaker 2: in King George's basket? 11 00:00:31,360 --> 00:00:32,120 Speaker 5: Should I keep going? 12 00:00:32,720 --> 00:00:34,760 Speaker 3: I'm good, I'm good, Thanks, I'm good, Okay. 13 00:00:34,760 --> 00:00:38,280 Speaker 2: Fine. To understand chicken and the current landscape of the 14 00:00:38,360 --> 00:00:41,280 Speaker 2: US economy and the companies in it, it helps to 15 00:00:41,280 --> 00:00:44,159 Speaker 2: go back in time and revisit a few key moments 16 00:00:44,200 --> 00:00:45,080 Speaker 2: in US history. 17 00:00:46,920 --> 00:00:51,559 Speaker 6: Going back to the founding, Americans were actually suspicious of 18 00:00:51,640 --> 00:00:55,960 Speaker 6: the power of large corporations. And one reason for that 19 00:00:56,160 --> 00:00:58,240 Speaker 6: is that it used to be that the government would 20 00:00:58,280 --> 00:00:59,680 Speaker 6: grant corporate charters. 21 00:00:59,760 --> 00:00:59,880 Speaker 7: Right. 22 00:00:59,880 --> 00:01:02,320 Speaker 6: There's this history in the United States before general and 23 00:01:02,360 --> 00:01:07,199 Speaker 6: corporation statutes that corporations are really creatures of the state, 24 00:01:07,720 --> 00:01:10,319 Speaker 6: and so there was always this suspicion that if they 25 00:01:10,400 --> 00:01:14,560 Speaker 6: grew to be too powerful, the kind of abuse that 26 00:01:14,600 --> 00:01:17,480 Speaker 6: they could bring to bear on the lives of ordinary 27 00:01:17,520 --> 00:01:19,039 Speaker 6: people was really extensive. 28 00:01:19,160 --> 00:01:22,840 Speaker 2: And so Doha Mecki is the Principal Deputy Assistant General 29 00:01:22,880 --> 00:01:25,679 Speaker 2: in the Anti Trust Division of the Department of Justice. 30 00:01:25,880 --> 00:01:29,280 Speaker 2: That's a long title. It means she's the second highest 31 00:01:29,319 --> 00:01:30,399 Speaker 2: ranking official there. 32 00:01:30,920 --> 00:01:34,160 Speaker 3: Today. The US government has a whole constellation of laws, acts, 33 00:01:34,240 --> 00:01:37,560 Speaker 3: and agencies all aimed at ensuring that America's economy remains 34 00:01:37,640 --> 00:01:40,400 Speaker 3: fair and competitive. One of the most important is where 35 00:01:40,440 --> 00:01:41,120 Speaker 3: Doha works. 36 00:01:41,319 --> 00:01:44,600 Speaker 6: The DOJ, and the Anti Trust Division is one component 37 00:01:44,680 --> 00:01:48,560 Speaker 6: of many at the Justice Department. And our specific mandate 38 00:01:48,880 --> 00:01:52,840 Speaker 6: is to enforce the anti trust laws and essentially to 39 00:01:53,040 --> 00:01:57,240 Speaker 6: guarantee and vindicate the economic liberty of all Americans. And 40 00:01:57,280 --> 00:02:00,800 Speaker 6: we do that by enforcing the federal and he trust laws, 41 00:02:01,080 --> 00:02:03,560 Speaker 6: the best known of which are the Sherman Act and 42 00:02:03,600 --> 00:02:05,600 Speaker 6: the Clayton Act, but you've. 43 00:02:05,400 --> 00:02:08,520 Speaker 2: Probably heard of these before. The Sherman Anti Trust Act 44 00:02:08,600 --> 00:02:11,480 Speaker 2: of eighteen ninety was famously deployed in the breakup of 45 00:02:11,520 --> 00:02:14,800 Speaker 2: Standard Oil back in nineteen eleven, which is still probably 46 00:02:14,880 --> 00:02:17,520 Speaker 2: the country's most well known anti trust case, and the 47 00:02:17,560 --> 00:02:21,440 Speaker 2: Clayton Act arrived soon after that. But America's approach to 48 00:02:21,440 --> 00:02:24,960 Speaker 2: antitrust has constantly changed over time, and. 49 00:02:25,040 --> 00:02:27,919 Speaker 3: Chicken, with all its accusations of price gouging and unfair 50 00:02:28,000 --> 00:02:31,120 Speaker 3: labor practices and just huge corporate concentration, seems to be 51 00:02:31,160 --> 00:02:34,480 Speaker 3: a perfect poultry. Peatrie dish to experiment with some new 52 00:02:34,480 --> 00:02:35,920 Speaker 3: ways of looking at antitrust. 53 00:02:40,960 --> 00:02:45,120 Speaker 2: Welcome to Part three of Beak Capitalism, our ongoing exploration 54 00:02:45,280 --> 00:02:48,680 Speaker 2: of the US economy through the medium of Chicken. In 55 00:02:48,720 --> 00:02:52,320 Speaker 2: this episode, we're asking how we can solve some of 56 00:02:52,320 --> 00:02:57,000 Speaker 2: the problems that Big Chicken creates. Can we actually uncluck 57 00:02:57,040 --> 00:03:14,799 Speaker 2: the system? 58 00:03:15,040 --> 00:03:20,240 Speaker 7: So a little bit of history. Actually, the relationship between 59 00:03:20,280 --> 00:03:24,120 Speaker 7: agriculture and anti trust goes back to the beginning. Farmers 60 00:03:24,600 --> 00:03:28,320 Speaker 7: were one of the big supporters of the Sherman Act, 61 00:03:28,360 --> 00:03:31,079 Speaker 7: the first anti trust statue passed by Congress. 62 00:03:31,840 --> 00:03:35,160 Speaker 3: Michael Cati's is Deputy Assistant Attorney General for the Anti 63 00:03:35,160 --> 00:03:38,640 Speaker 3: Trust Division at the DOJ. He works alongside Doha, but 64 00:03:38,720 --> 00:03:41,480 Speaker 3: recently he spent a lot of time focused on agriculture 65 00:03:41,480 --> 00:03:43,600 Speaker 3: and Act because it turns out the DOJ has a 66 00:03:43,600 --> 00:03:45,600 Speaker 3: long history with the food industry. 67 00:03:45,880 --> 00:03:48,280 Speaker 7: And early on the Department of Justice brought a number 68 00:03:48,280 --> 00:03:52,480 Speaker 7: of cases against meat packers and along about nineteen fourteen, 69 00:03:52,760 --> 00:03:55,680 Speaker 7: Congress looked at the way the Supreme Court was handling 70 00:03:56,120 --> 00:03:58,560 Speaker 7: that Act and was not happy. So they passed the 71 00:03:58,600 --> 00:04:01,600 Speaker 7: Clayton Act, which was supposed to broadened the enforcement powers 72 00:04:01,640 --> 00:04:05,480 Speaker 7: of the Division. They also created the Federal Trade Commission, and. 73 00:04:05,920 --> 00:04:08,920 Speaker 2: The first thing the President asked the newly created Federal 74 00:04:08,960 --> 00:04:12,520 Speaker 2: Trade Commission to do was study the meat packing industry. 75 00:04:12,880 --> 00:04:16,440 Speaker 7: Fast forward to nineteen twenty, the FTC issues a three 76 00:04:16,520 --> 00:04:20,960 Speaker 7: volume report documenting everything going wrong in meat packing markets, 77 00:04:21,040 --> 00:04:25,719 Speaker 7: both collusion and deception, and at the same time, the 78 00:04:25,800 --> 00:04:29,640 Speaker 7: Justice Department files an anti trust case that breaks up 79 00:04:29,839 --> 00:04:33,839 Speaker 7: the packing industry. And yet Congress still wasn't happy. So 80 00:04:33,920 --> 00:04:37,760 Speaker 7: then in nineteen twenty one, Congress, now under a strong 81 00:04:37,839 --> 00:04:41,320 Speaker 7: Republican and a fairly conservative Congress, passes the Packers and 82 00:04:41,360 --> 00:04:47,000 Speaker 7: Stockyards Act, which really said, look, we are concerned that 83 00:04:47,400 --> 00:04:51,800 Speaker 7: the people who ranch and grow hogs are always going 84 00:04:51,920 --> 00:04:55,520 Speaker 7: to be facing very large, powerful interests, and we want 85 00:04:55,560 --> 00:04:59,360 Speaker 7: to give them extra protections. And so was the anti 86 00:04:59,400 --> 00:05:02,760 Speaker 7: trust laws focus solely on competition. The Packers in stock 87 00:05:02,760 --> 00:05:08,039 Speaker 7: Guards Act actually provided explicit protection for ranchers, hot growers, 88 00:05:08,080 --> 00:05:14,440 Speaker 7: eventually chicken growers from deception on fairness discrimination, you're. 89 00:05:14,240 --> 00:05:17,000 Speaker 3: Going to want to remember the Packers in Stockgards Act. 90 00:05:17,920 --> 00:05:19,800 Speaker 3: It's been deployed quite a bit lately in the name 91 00:05:19,839 --> 00:05:23,600 Speaker 3: of anti trust enforcement in agriculture and chickens especially. 92 00:05:23,640 --> 00:05:27,800 Speaker 2: But chicken also says something about fairness in business more generally. 93 00:05:28,440 --> 00:05:31,719 Speaker 6: There are many lessons to be drawn from anti trust 94 00:05:31,880 --> 00:05:35,480 Speaker 6: enforcement in the chicken industry that I think have made 95 00:05:35,600 --> 00:05:39,640 Speaker 6: us better enforcers and that have really brought into focus 96 00:05:39,760 --> 00:05:43,359 Speaker 6: the expansiveness of our mission. Again, anti trust is a 97 00:05:43,360 --> 00:05:47,360 Speaker 6: big mandate. It rhymes with a lot of core democratic 98 00:05:47,480 --> 00:05:50,040 Speaker 6: values that all of us hold as citizens of this country. 99 00:05:50,480 --> 00:05:53,440 Speaker 6: And so to bring that down to the level of 100 00:05:53,600 --> 00:05:57,240 Speaker 6: enforcement anti trust enforcement at the market level. What we 101 00:05:57,320 --> 00:06:01,359 Speaker 6: see in the chicken industry is that this outsourcing of 102 00:06:01,480 --> 00:06:06,520 Speaker 6: risk is actually a business model that many kinds of 103 00:06:06,560 --> 00:06:11,880 Speaker 6: companies employee. For example, a ride sharing company right that 104 00:06:12,040 --> 00:06:18,360 Speaker 6: outsources risk investment and recoups a lot of the profit 105 00:06:18,880 --> 00:06:23,320 Speaker 6: for simply matching writers and passengers. 106 00:06:22,680 --> 00:06:23,400 Speaker 5: For example. 107 00:06:23,920 --> 00:06:28,440 Speaker 6: There are other examples in the real estate industry, in 108 00:06:28,520 --> 00:06:32,559 Speaker 6: banking again where you see this sort of outsourcing of risk, 109 00:06:33,240 --> 00:06:38,600 Speaker 6: and it raises fundamental questions about how those markets are functioning, 110 00:06:39,040 --> 00:06:45,400 Speaker 6: whether consumers are ultimately getting the kind of choices, good value, innovation, 111 00:06:45,720 --> 00:06:48,440 Speaker 6: and other things that we really lean on the antitrust 112 00:06:48,520 --> 00:06:49,960 Speaker 6: laws to deliver. 113 00:06:51,400 --> 00:06:53,479 Speaker 3: All of this raises the question of what exactly we 114 00:06:53,600 --> 00:06:57,640 Speaker 3: mean by anti trust and what exactly is anti competitive behavior. 115 00:06:57,880 --> 00:07:01,360 Speaker 2: Yeah, we should talk about that because for years, competition 116 00:07:01,480 --> 00:07:04,480 Speaker 2: was judged on the basis of a consumer welfare standard. 117 00:07:04,960 --> 00:07:08,560 Speaker 2: What that means was, for example, if two companies decided 118 00:07:08,600 --> 00:07:11,960 Speaker 2: to merge and prices for consumers ended up being lower 119 00:07:12,000 --> 00:07:15,520 Speaker 2: as a result, then that was generally fine. Monopoly was 120 00:07:15,560 --> 00:07:19,040 Speaker 2: only a really bad thing if it led to higher prices, right. 121 00:07:18,920 --> 00:07:21,920 Speaker 3: Because pretty much everyone likes cheap chicken, and at a minimum, 122 00:07:21,960 --> 00:07:24,640 Speaker 3: you could argue that concentration in the poultry industry and 123 00:07:24,720 --> 00:07:27,680 Speaker 3: industrialization of chicken and all the scale that comes with 124 00:07:27,760 --> 00:07:30,360 Speaker 3: it has created a lot more white meat to go around. 125 00:07:30,800 --> 00:07:34,880 Speaker 2: But in recent years, policymaker's approach to anti competitive behavior 126 00:07:35,160 --> 00:07:38,840 Speaker 2: has started to change a lot. Not only are they 127 00:07:38,880 --> 00:07:42,600 Speaker 2: looking beyond simple chicken supply, but they're also arguing that 128 00:07:42,640 --> 00:07:44,920 Speaker 2: it's not clear that all of this is leading to 129 00:07:45,000 --> 00:07:46,840 Speaker 2: better outcomes for consumers either. 130 00:07:47,320 --> 00:07:50,600 Speaker 7: One of the problems in anti trust enforcement generally is 131 00:07:50,640 --> 00:07:54,280 Speaker 7: people said, well, you know, if you have power on 132 00:07:54,320 --> 00:07:58,040 Speaker 7: the buying side that just will get passed down the 133 00:07:58,080 --> 00:08:02,400 Speaker 7: line to the ultimate consumers. That's actually wrong, right. The 134 00:08:02,440 --> 00:08:06,320 Speaker 7: concern here is if the middle person has the power, 135 00:08:06,480 --> 00:08:09,920 Speaker 7: they're going to extract taxes up and down the line. 136 00:08:10,760 --> 00:08:15,280 Speaker 7: And it's not the case that you would expect somebody 137 00:08:15,320 --> 00:08:19,120 Speaker 7: if there are forcing prices down through any competitive means, 138 00:08:19,120 --> 00:08:21,240 Speaker 7: that they're going to pass that along. And just as 139 00:08:21,240 --> 00:08:23,480 Speaker 7: a sort of general example, think about it this way. 140 00:08:23,640 --> 00:08:27,360 Speaker 7: The way you exert monopoly power on the buying side, 141 00:08:27,400 --> 00:08:31,480 Speaker 7: which we call monopsony power, right, is you actually buy less, 142 00:08:32,040 --> 00:08:36,439 Speaker 7: so you're reducing demand so that prices go low. Well, 143 00:08:36,480 --> 00:08:40,559 Speaker 7: if they're buying less, they're selling less, and so that 144 00:08:40,600 --> 00:08:45,400 Speaker 7: can't help consumers. Consumers want more supply, more competition, So 145 00:08:45,559 --> 00:08:48,720 Speaker 7: either it has sort of no effect downstream, or it 146 00:08:48,840 --> 00:08:52,560 Speaker 7: actually contributes to higher prices. So when we go after 147 00:08:52,640 --> 00:08:57,320 Speaker 7: monopsony power in the agricultural industry and are successful, it 148 00:08:57,360 --> 00:09:03,440 Speaker 7: benefits both and often the consumer. 149 00:09:03,240 --> 00:09:06,760 Speaker 2: Joe ring the monopsony clackson monopsony. 150 00:09:08,160 --> 00:09:10,200 Speaker 3: It comes up a lot nowadays. To put it simply, 151 00:09:10,400 --> 00:09:13,000 Speaker 3: it's basically a market structure where there's only one big buyer, 152 00:09:13,120 --> 00:09:15,559 Speaker 3: whether that's of labor widgets, whatever. 153 00:09:15,800 --> 00:09:18,440 Speaker 2: So if you're a chicken farmer in Rhode Island, for instance, 154 00:09:18,720 --> 00:09:21,360 Speaker 2: there might be just one poultry processor that you can 155 00:09:21,400 --> 00:09:24,680 Speaker 2: sell your chickens too, and that company might be able 156 00:09:24,720 --> 00:09:25,880 Speaker 2: to dictate its terms. 157 00:09:26,240 --> 00:09:28,800 Speaker 3: So, where monopoly is all about a single seller that 158 00:09:28,920 --> 00:09:32,800 Speaker 3: controls supply of a particular product or service, monopsony is 159 00:09:32,800 --> 00:09:36,160 Speaker 3: about what's happening on the buy side. Here's Doha. 160 00:09:36,240 --> 00:09:40,840 Speaker 6: It's this idea of deep power that is exercised on 161 00:09:40,960 --> 00:09:43,680 Speaker 6: the buy side of the market. And this is actually 162 00:09:43,760 --> 00:09:46,520 Speaker 6: very old economics, right. This is a theory that was 163 00:09:46,520 --> 00:09:50,240 Speaker 6: pioneered by Joan Robinson in the nineteen thirties, and so 164 00:09:50,880 --> 00:09:53,800 Speaker 6: there's this idea that buyer power might be harmless. But 165 00:09:53,880 --> 00:09:58,440 Speaker 6: we've known for almost a century empirically that you know, 166 00:09:58,520 --> 00:10:01,360 Speaker 6: if a buyer chooses an in along a supply curve 167 00:10:01,480 --> 00:10:04,640 Speaker 6: and then is able to exercise the power to drop 168 00:10:04,800 --> 00:10:09,439 Speaker 6: the value of that input, maybe in the short run 169 00:10:09,600 --> 00:10:13,120 Speaker 6: you get lower prices or expanded output, but if you 170 00:10:13,360 --> 00:10:17,719 Speaker 6: drop the value below a reservation wage, right, especially when 171 00:10:17,720 --> 00:10:21,120 Speaker 6: you're talking about labor markets, which a lot of producer 172 00:10:21,200 --> 00:10:25,560 Speaker 6: and grower economies you know, are basically labor markets, that 173 00:10:25,840 --> 00:10:32,400 Speaker 6: you will eventually destroy incentives to continue making that input, 174 00:10:32,800 --> 00:10:35,520 Speaker 6: and so in the long run you will actually get 175 00:10:35,559 --> 00:10:40,320 Speaker 6: contraction in a market that is classical monopsony power that 176 00:10:40,440 --> 00:10:43,760 Speaker 6: is empirically sound, and that has been I think upheld 177 00:10:43,760 --> 00:10:46,240 Speaker 6: by a lot of economists for a very long time. 178 00:10:49,040 --> 00:10:51,680 Speaker 6: There is another flavor of monopsony, of course, which is 179 00:10:51,800 --> 00:10:55,679 Speaker 6: just the abuse of bargaining leverage. If you fear termination 180 00:10:56,360 --> 00:11:00,960 Speaker 6: of a contract that your buyer has any negotiated with you, 181 00:11:01,200 --> 00:11:04,840 Speaker 6: if you fear this is the same thing with non compete, right, 182 00:11:05,240 --> 00:11:08,080 Speaker 6: This is the same sort of economic idea that if 183 00:11:08,120 --> 00:11:11,800 Speaker 6: you have lower bargaining leverage, you are likely to do 184 00:11:11,880 --> 00:11:15,560 Speaker 6: everything you possibly can to be more compliant with the 185 00:11:15,679 --> 00:11:19,079 Speaker 6: terms that are imposed by the purchaser of whatever product 186 00:11:19,200 --> 00:11:22,000 Speaker 6: or service that you are selling. And so that just 187 00:11:22,160 --> 00:11:26,240 Speaker 6: maps on almost perfectly with the chicken industry. And what 188 00:11:26,360 --> 00:11:30,199 Speaker 6: is really I think most fascinating in the chicken industry 189 00:11:30,240 --> 00:11:32,839 Speaker 6: and other types of labor markets is that you can 190 00:11:32,880 --> 00:11:38,480 Speaker 6: actually exercise power and abuse bargaining leverage at much lower 191 00:11:38,800 --> 00:11:44,560 Speaker 6: concentration thresholds, which is a really interesting and fruitful area 192 00:11:44,559 --> 00:11:47,840 Speaker 6: of economic research that has been produced over the last 193 00:11:47,840 --> 00:11:49,000 Speaker 6: five to ten years. 194 00:11:49,679 --> 00:11:53,640 Speaker 2: So, armed with that wider definition of competitive pressures, the 195 00:11:53,760 --> 00:11:57,520 Speaker 2: DOJ has gone on the attack. For instance, they successfully 196 00:11:57,559 --> 00:12:00,400 Speaker 2: blocked a merger of the publisher's Penguin, Random Had and 197 00:12:00,440 --> 00:12:03,400 Speaker 2: Simon and Schuster by arguing that the deal would lead 198 00:12:03,440 --> 00:12:04,920 Speaker 2: to lower earnings for authors. 199 00:12:05,240 --> 00:12:07,679 Speaker 3: But the DOJ's results when it comes to chicken have 200 00:12:07,760 --> 00:12:11,040 Speaker 3: been more mixed despite that broader definition of anti trust. 201 00:12:11,360 --> 00:12:15,199 Speaker 3: In twenty twenty, the DOJ indicted executives from poultry processors 202 00:12:15,200 --> 00:12:18,800 Speaker 3: including Pilgrim's Pride and Claxton Poultry Farms for price fixing, 203 00:12:19,200 --> 00:12:20,839 Speaker 3: only to see them acquitted by a jury. 204 00:12:21,400 --> 00:12:24,240 Speaker 2: There have been some wins too. The DOJ got a 205 00:12:24,480 --> 00:12:27,400 Speaker 2: eighty five million dollar settlement with a bunch of poultry 206 00:12:27,400 --> 00:12:31,560 Speaker 2: processors over allegations that they conspired to share information on wages. 207 00:12:32,040 --> 00:12:36,800 Speaker 7: One of the cases we brought involved an information sharing 208 00:12:37,040 --> 00:12:42,800 Speaker 7: amongst chicken processors, and they were sharing incredibly detailed information 209 00:12:43,040 --> 00:12:46,760 Speaker 7: about compensation. And not only were they sharing it, they 210 00:12:46,760 --> 00:12:50,800 Speaker 7: were like meeting every year and eventually bringing their data 211 00:12:51,440 --> 00:12:53,160 Speaker 7: so that they could all be sure that they were 212 00:12:53,200 --> 00:12:57,280 Speaker 7: sharing accurate data and then talking about compensation. So there's 213 00:12:57,600 --> 00:13:02,160 Speaker 7: the example of coordination amongst people who should be competing 214 00:13:02,200 --> 00:13:05,480 Speaker 7: for workers actually figuring out how not to compete with 215 00:13:05,520 --> 00:13:05,920 Speaker 7: each other. 216 00:13:06,360 --> 00:13:10,440 Speaker 2: And last year Coke Food's, a huge poultry processor, agreed 217 00:13:10,480 --> 00:13:12,959 Speaker 2: that it would no longer charge a penalty if contract 218 00:13:13,000 --> 00:13:16,920 Speaker 2: growers choose to switch processors after the DOJ filed suit 219 00:13:17,040 --> 00:13:21,320 Speaker 2: under Sherman and our good friend the Packers and Stockyards Act. 220 00:13:21,720 --> 00:13:26,840 Speaker 7: Another case we brought involved again a specific chicken processor 221 00:13:27,480 --> 00:13:31,480 Speaker 7: who was contracting with and that's already a relationship where 222 00:13:31,520 --> 00:13:34,760 Speaker 7: the processor owns most of the bargaining power, but decided 223 00:13:34,800 --> 00:13:38,800 Speaker 7: that wasn't enough their growers. If you want to switch 224 00:13:38,960 --> 00:13:41,320 Speaker 7: to one of our competitors, we're going to make you 225 00:13:41,400 --> 00:13:47,760 Speaker 7: pay a penalty. So that is the processor preventing competition 226 00:13:47,880 --> 00:13:51,199 Speaker 7: unilaterally by making it harder for the grower to actually 227 00:13:51,280 --> 00:13:54,440 Speaker 7: benefit from whatever competition exists in the market. And it 228 00:13:54,480 --> 00:13:59,320 Speaker 7: is also just simply obviously unfair to these growers who 229 00:13:59,720 --> 00:14:03,559 Speaker 7: don't have that much opportunity by denying them whatever limited 230 00:14:03,559 --> 00:14:04,480 Speaker 7: opportunities exist. 231 00:14:05,600 --> 00:14:07,880 Speaker 3: It's a nice step for critics of the tournament system 232 00:14:07,920 --> 00:14:10,559 Speaker 3: that we talked about in episode two, but there's also 233 00:14:10,600 --> 00:14:11,480 Speaker 3: more that could be done. 234 00:14:12,040 --> 00:14:15,199 Speaker 7: The third case involved the chicken tournament system, right, and 235 00:14:15,240 --> 00:14:18,520 Speaker 7: so One of the things chicken farmers face growing chickens 236 00:14:18,600 --> 00:14:21,720 Speaker 7: is every six weeks when their chickens are picked up 237 00:14:21,720 --> 00:14:25,600 Speaker 7: by the processor, they are actually weighed and measured against 238 00:14:25,880 --> 00:14:29,280 Speaker 7: the other growers that are delivering chicks the same week, 239 00:14:29,400 --> 00:14:34,160 Speaker 7: and it's almost you know, you're directly competing with your 240 00:14:34,240 --> 00:14:40,320 Speaker 7: fellow chicken growers. And some people get penalized and some 241 00:14:40,400 --> 00:14:46,080 Speaker 7: people get a benefit. But given the risk these growers face, 242 00:14:46,240 --> 00:14:50,080 Speaker 7: we brought a case saying the penalty itself makes it 243 00:14:50,120 --> 00:14:54,000 Speaker 7: impossible for growers to really understand the financial risks they're 244 00:14:54,040 --> 00:14:57,400 Speaker 7: taking because there's a lot of arbitrariness in the tournament 245 00:14:57,480 --> 00:15:00,880 Speaker 7: and it's not just your results don't depend on how 246 00:15:00,920 --> 00:15:05,960 Speaker 7: well you perform. And so Wayne Sanderson, who is the 247 00:15:06,120 --> 00:15:09,760 Speaker 7: I believe the third largest chicken processor in the country, 248 00:15:10,200 --> 00:15:14,040 Speaker 7: agreed that they would stop penalizing growers in their tournament. 249 00:15:13,680 --> 00:15:17,960 Speaker 2: System, so another small victory. Meanwhile, the US Department of 250 00:15:18,000 --> 00:15:22,000 Speaker 2: Agriculture this year proposed more regulation of the tournament system 251 00:15:22,080 --> 00:15:25,960 Speaker 2: under you guessed it, the Packers in Stockyards Act. Joe, 252 00:15:25,960 --> 00:15:27,920 Speaker 2: should we make packers in stockyards merch? 253 00:15:28,200 --> 00:15:28,400 Speaker 4: Yes? 254 00:15:28,520 --> 00:15:31,640 Speaker 3: Absolutely, well maybe, but it is kind of interesting to 255 00:15:31,640 --> 00:15:33,960 Speaker 3: think about how two hundred and fifty years ago, Americans 256 00:15:34,000 --> 00:15:36,640 Speaker 3: were all worried about taxes under King George and the 257 00:15:36,680 --> 00:15:39,200 Speaker 3: tyranny of the state. But today maybe we should all 258 00:15:39,280 --> 00:15:42,320 Speaker 3: be worrying about something else, what Dilha calls the tyranny 259 00:15:42,400 --> 00:15:43,360 Speaker 3: of the intermediary. 260 00:15:44,360 --> 00:15:49,000 Speaker 6: Thinking about the chicken industry in particular, you see limits 261 00:15:49,080 --> 00:15:53,640 Speaker 6: on the ability to sell your product or service to 262 00:15:53,760 --> 00:15:56,880 Speaker 6: a small number of companies, And that is how you 263 00:15:57,040 --> 00:16:00,280 Speaker 6: get this problem of the tyranny of the intermediary. It's 264 00:16:00,320 --> 00:16:03,520 Speaker 6: the meat processor that sits in the middle, right between 265 00:16:03,520 --> 00:16:07,680 Speaker 6: the ultimate purchaser and the grower, and can command a 266 00:16:07,720 --> 00:16:10,440 Speaker 6: certain sum or lower the price on one side of 267 00:16:10,480 --> 00:16:13,680 Speaker 6: the market and really grow revenues and get fatter in 268 00:16:13,720 --> 00:16:14,120 Speaker 6: the middle. 269 00:16:14,520 --> 00:16:17,400 Speaker 2: So anti trust has a long history with agriculture and 270 00:16:17,400 --> 00:16:20,160 Speaker 2: the poultry industry, although the way it's being viewed and 271 00:16:20,280 --> 00:16:23,880 Speaker 2: enforced has been changing recently. But that's only one side 272 00:16:23,880 --> 00:16:27,000 Speaker 2: of the story, because even as anti trust evolves, the 273 00:16:27,040 --> 00:16:29,920 Speaker 2: way companies run their businesses has evolved too. 274 00:16:30,720 --> 00:16:35,480 Speaker 3: A lot. When the Sherman Act and the Clayton Act 275 00:16:35,480 --> 00:16:38,320 Speaker 3: and the Packers and Stockyards Act were all created, the 276 00:16:38,360 --> 00:16:42,440 Speaker 3: middlemen of America were smaller and not as technically sophisticated. Obviously, 277 00:16:42,800 --> 00:16:45,480 Speaker 3: if you're going to influence prices, you're probably doing it 278 00:16:45,520 --> 00:16:48,960 Speaker 3: in a back room somewhere, smoking a cigar, probably playing poker. 279 00:16:50,520 --> 00:16:53,600 Speaker 2: But today companies have a host of new data sources 280 00:16:53,640 --> 00:16:56,720 Speaker 2: and tech powered tools to run their businesses. And when 281 00:16:56,720 --> 00:16:59,720 Speaker 2: it comes to Chicken and souped up data sources, we 282 00:16:59,840 --> 00:17:02,000 Speaker 2: have to talk about Agristats. 283 00:17:02,120 --> 00:17:05,520 Speaker 5: We'll say, generally speaking, it's often been referred to as 284 00:17:05,560 --> 00:17:08,040 Speaker 5: the most important, one of the most important companies you've 285 00:17:08,080 --> 00:17:08,719 Speaker 5: never heard of. 286 00:17:09,280 --> 00:17:13,480 Speaker 2: That's Jonathan Canter, the Assistant US Attorney General for Antitrust 287 00:17:13,560 --> 00:17:17,400 Speaker 2: at the DOJ. He's the head honcho Doha and Michael's 288 00:17:17,400 --> 00:17:20,960 Speaker 2: boss basically, and together with Lena Kahan, the chair of 289 00:17:21,000 --> 00:17:23,960 Speaker 2: the Federal Trade Commission, he's been leading one of the 290 00:17:23,960 --> 00:17:29,800 Speaker 2: most aggressive regulatory responses to antitrust in years, decades even, and. 291 00:17:29,800 --> 00:17:33,040 Speaker 3: One of their more recent actions is against Agristads. Now 292 00:17:33,040 --> 00:17:35,920 Speaker 3: onloads listeners will actually have heard of this company before. 293 00:17:36,040 --> 00:17:38,560 Speaker 3: We spoke about it earlier this year with David Dian, 294 00:17:38,920 --> 00:17:42,000 Speaker 3: the executive editor of The American Prospect. He did such 295 00:17:42,000 --> 00:17:44,560 Speaker 3: a good job describing what Agristas does that we're just 296 00:17:44,560 --> 00:17:45,720 Speaker 3: going to let him do it again here. 297 00:17:45,920 --> 00:17:50,480 Speaker 8: And this company collects real time proprietary data from all 298 00:17:50,680 --> 00:17:54,680 Speaker 8: of the meat packing producers in a given market, whether 299 00:17:54,720 --> 00:18:00,240 Speaker 8: it's pulk or pork, or poultry or chicken or turkey. 300 00:18:00,840 --> 00:18:04,080 Speaker 8: And they put all this data in these giant books 301 00:18:04,359 --> 00:18:08,520 Speaker 8: and they give them out to these various competitors, which 302 00:18:08,560 --> 00:18:13,200 Speaker 8: now have basically a setup of everything that their competitors 303 00:18:13,200 --> 00:18:17,399 Speaker 8: are doing, including their price, including their supply, including every 304 00:18:17,480 --> 00:18:18,320 Speaker 8: single thing. 305 00:18:18,320 --> 00:18:19,320 Speaker 7: Part of their market. 306 00:18:19,880 --> 00:18:23,360 Speaker 8: And now they can know that, oh, I can probably 307 00:18:23,480 --> 00:18:27,840 Speaker 8: raise my price because I'm under price relative to my competitor, 308 00:18:28,080 --> 00:18:30,959 Speaker 8: but I won't lose market share because my competitor is 309 00:18:31,280 --> 00:18:35,000 Speaker 8: charging more for this product and it has the tendency 310 00:18:35,040 --> 00:18:36,560 Speaker 8: to ratchet prices upward. 311 00:18:37,240 --> 00:18:41,080 Speaker 2: The DOJ filed suit against Agristats last year, arguing that 312 00:18:41,119 --> 00:18:44,440 Speaker 2: it was violating the Sherman Act by sharing competitive information. 313 00:18:45,000 --> 00:18:48,800 Speaker 2: We reached out to Agristats for comment, however, they didn't respond. 314 00:18:49,240 --> 00:18:52,760 Speaker 2: The company published a statement on its website shortly after 315 00:18:52,920 --> 00:18:56,600 Speaker 2: the lawsuit was initially filed. They're denying the allegations. 316 00:18:57,000 --> 00:18:59,680 Speaker 3: Currently, the case is still live, which means Jonathan can't 317 00:18:59,680 --> 00:19:02,840 Speaker 3: talk about it in detail, but more generally, he argues 318 00:19:02,880 --> 00:19:05,840 Speaker 3: that it illustrates the dominance of intermediarias in the economy. 319 00:19:06,160 --> 00:19:10,320 Speaker 5: So this is a case that we brought involving information exchanges, 320 00:19:10,440 --> 00:19:15,200 Speaker 5: among other things, poultry processors and the idea. And this 321 00:19:15,240 --> 00:19:17,720 Speaker 5: is something that we're seeing in many aspects of our economy, 322 00:19:17,840 --> 00:19:23,040 Speaker 5: is that when large companies share competitively sensitive information using 323 00:19:23,280 --> 00:19:27,880 Speaker 5: often faceless intermediaries, that sharing of information can result in 324 00:19:28,520 --> 00:19:33,040 Speaker 5: higher prices to consumers, but it could also result in depriving, 325 00:19:33,280 --> 00:19:36,440 Speaker 5: in this instance, family farmers and others of a fair 326 00:19:36,480 --> 00:19:37,520 Speaker 5: return on investment. 327 00:19:38,040 --> 00:19:41,159 Speaker 2: So the way companies might share price and market information 328 00:19:41,400 --> 00:19:44,560 Speaker 2: has moved on from those secret deals in dark rooms 329 00:19:44,600 --> 00:19:46,760 Speaker 2: of the past. Now they might do it on a 330 00:19:46,800 --> 00:19:50,960 Speaker 2: platform or through an algorithm, and antitrust enforcement has to 331 00:19:51,000 --> 00:19:52,159 Speaker 2: adapt to this new world. 332 00:19:52,720 --> 00:19:55,239 Speaker 5: This is an issue that we are confronting throughout our 333 00:19:55,280 --> 00:20:00,000 Speaker 5: economy and so the concerns around data sharing and coordinat 334 00:20:00,359 --> 00:20:04,520 Speaker 5: are not new. The antitrust laws enacted initially in eighteen 335 00:20:04,600 --> 00:20:07,280 Speaker 5: ninety have been dealing with this ever since. But what 336 00:20:07,320 --> 00:20:12,040 Speaker 5: we are encountering now is almost a supercharging of data 337 00:20:12,040 --> 00:20:15,480 Speaker 5: sharing and coordination, and so the use of technology and 338 00:20:15,600 --> 00:20:20,600 Speaker 5: intermediaries has created the opportunity for companies to contribute information, 339 00:20:20,680 --> 00:20:23,879 Speaker 5: for example, to a central database or service and have 340 00:20:24,000 --> 00:20:28,200 Speaker 5: that service essentially perform the function of coordinating and using 341 00:20:28,240 --> 00:20:32,200 Speaker 5: that data to help those companies extract higher prices or 342 00:20:32,240 --> 00:20:35,480 Speaker 5: offer lower returns to people who are selling their goods 343 00:20:35,480 --> 00:20:40,520 Speaker 5: and services. In the context of technology, now, something that 344 00:20:40,600 --> 00:20:44,080 Speaker 5: used to be difficult to do because it required Manila 345 00:20:44,200 --> 00:20:47,840 Speaker 5: envelopes of data and spreadsheets and calculators and a lot 346 00:20:47,840 --> 00:20:52,760 Speaker 5: of manual labor is increasingly being outsourced to technology algorithms 347 00:20:53,160 --> 00:20:57,280 Speaker 5: that can take this information and essentially take on the 348 00:20:57,480 --> 00:21:01,800 Speaker 5: pricing or take on competitively sensitive functions of a business. 349 00:21:02,359 --> 00:21:07,200 Speaker 5: And the more that is outsourced to these technologies, these algorithms, 350 00:21:07,600 --> 00:21:11,560 Speaker 5: the more the difficulties that used to somewhat restrict the 351 00:21:11,640 --> 00:21:16,680 Speaker 5: ability of companies to engage in anti competitive coordination. Those frictions, 352 00:21:16,720 --> 00:21:20,200 Speaker 5: those impediments are being lifted and eliminated, and it's going 353 00:21:20,240 --> 00:21:22,560 Speaker 5: to make it easier and more effective. And that is 354 00:21:22,600 --> 00:21:25,919 Speaker 5: a real big concern of ours. And so when we 355 00:21:25,960 --> 00:21:28,800 Speaker 5: think about what does an agreement look like, what does 356 00:21:28,840 --> 00:21:31,520 Speaker 5: information sharing, what does coordination look like? In the year 357 00:21:31,560 --> 00:21:34,879 Speaker 5: twenty twenty four, we have to look at what market 358 00:21:34,920 --> 00:21:39,600 Speaker 5: realities present and market realities today present algorithms doing that work. 359 00:21:39,640 --> 00:21:42,960 Speaker 5: And whether it's an algorithm taking the information, spinning it 360 00:21:43,040 --> 00:21:46,760 Speaker 5: back out and resulting at higher prices, or two individuals 361 00:21:46,760 --> 00:21:48,439 Speaker 5: in a smoke filled room as it might have been 362 00:21:48,440 --> 00:21:51,560 Speaker 5: one hundred years ago, it's the same anti competitive end. 363 00:21:51,880 --> 00:21:54,840 Speaker 5: They're just doing it through different means. And so whether 364 00:21:54,880 --> 00:21:58,119 Speaker 5: it's a handshake, using the postal service and sending mail 365 00:21:58,520 --> 00:22:02,080 Speaker 5: to coordinate, whether it's it's using email or text messages 366 00:22:02,160 --> 00:22:05,640 Speaker 5: or chat or phone, or in today's world, sharing information 367 00:22:05,680 --> 00:22:08,840 Speaker 5: through an algorithm and outsourcing it to AI, it's still 368 00:22:08,840 --> 00:22:12,320 Speaker 5: the same thing. It's coordination, it's price fixing, it's market allocation. 369 00:22:12,800 --> 00:22:15,760 Speaker 5: In the antitrust laws applied just as much now, if 370 00:22:15,800 --> 00:22:18,000 Speaker 5: not more, than they did when they were enacted in 371 00:22:18,000 --> 00:22:18,679 Speaker 5: eighteen ninety. 372 00:22:19,040 --> 00:22:21,479 Speaker 3: So the outcome of the agristatsuit will be very interesting 373 00:22:21,520 --> 00:22:21,919 Speaker 3: to watch. 374 00:22:22,359 --> 00:22:25,280 Speaker 2: But what about changes in the way we raise chickens too, 375 00:22:25,400 --> 00:22:29,120 Speaker 2: Because even if chicken prices come down and labor practices improve, 376 00:22:29,440 --> 00:22:37,480 Speaker 2: there might still be some other poultry related problems. 377 00:22:42,320 --> 00:22:45,399 Speaker 4: One of the most remarkable food miracles is the story 378 00:22:45,440 --> 00:22:49,760 Speaker 4: of Chicken, a triumphle of research on the farm and 379 00:22:49,840 --> 00:22:54,320 Speaker 4: in the marketing system. Once something special for Sunday dinner. 380 00:22:54,760 --> 00:23:00,640 Speaker 4: Chicken inspected and graded is now thrifty every day. Yes, 381 00:23:00,720 --> 00:23:03,960 Speaker 4: in one generation, people of this country have doubled their 382 00:23:04,000 --> 00:23:10,119 Speaker 4: consumption of potun Bomb research has led to the control 383 00:23:10,160 --> 00:23:16,240 Speaker 4: of disease, improvement of breeds, advancement of production marketing research 384 00:23:16,480 --> 00:23:22,560 Speaker 4: has developed low cost methods of mass distribution in processing, storing, handling, 385 00:23:22,560 --> 00:23:27,240 Speaker 4: and packing. And these boxes joined the never ending. 386 00:23:27,119 --> 00:23:29,640 Speaker 3: Technological changes in the way we grow chickens was once 387 00:23:29,680 --> 00:23:32,280 Speaker 3: pitched as a big win for consumers. We talked about 388 00:23:32,280 --> 00:23:35,680 Speaker 3: it in our earlier episode. The introduction of hormones, antibiotics, 389 00:23:35,680 --> 00:23:38,520 Speaker 3: and growth promoters all combined to create a more robust chicken. 390 00:23:38,880 --> 00:23:42,080 Speaker 2: But just as antitrust regulators have started to prepare some 391 00:23:42,200 --> 00:23:45,679 Speaker 2: of the damage wrought by new technologies, consumers have been 392 00:23:45,720 --> 00:23:46,480 Speaker 2: pushing back too. 393 00:23:47,119 --> 00:23:50,119 Speaker 3: We spoke to Marion McKenna, the public health specialist earlier 394 00:23:50,119 --> 00:23:53,000 Speaker 3: in the series, and as she explained it, people's attitudes 395 00:23:53,040 --> 00:23:56,520 Speaker 3: towards let's call them augmented chickens has turned. 396 00:23:56,960 --> 00:23:57,120 Speaker 7: Now. 397 00:23:57,160 --> 00:23:59,760 Speaker 3: The worry is that all that antibiotic use in birds 398 00:23:59,840 --> 00:24:02,280 Speaker 3: might make it more difficult to treat people, and that's 399 00:24:02,320 --> 00:24:03,360 Speaker 3: led to a big change. 400 00:24:03,800 --> 00:24:08,200 Speaker 1: We got really significant change in the United States about 401 00:24:08,440 --> 00:24:12,479 Speaker 1: how antibiotics were allowed to be used in the raising 402 00:24:12,560 --> 00:24:17,840 Speaker 1: of livestock, not legislation, because legislation had been tried on 403 00:24:17,880 --> 00:24:20,760 Speaker 1: this issue back in the nineteen seventies and foiled by 404 00:24:20,840 --> 00:24:25,040 Speaker 1: some congressman with big agricultural interest behind them. What the 405 00:24:25,040 --> 00:24:28,439 Speaker 1: Obama administration did in pretty much their last days in 406 00:24:28,480 --> 00:24:32,520 Speaker 1: office was instead to change some regulations they're technically called 407 00:24:32,600 --> 00:24:38,280 Speaker 1: guidances at the FDA that affected how antibiotics were allowed 408 00:24:38,400 --> 00:24:41,520 Speaker 1: to be labeled. And since the label has the force 409 00:24:41,600 --> 00:24:44,440 Speaker 1: of law for how an antibiotic can be used, that 410 00:24:44,480 --> 00:24:48,919 Speaker 1: actually created significant change. What it basically did was outlaw 411 00:24:49,119 --> 00:24:53,159 Speaker 1: growth promotion. Now, the reason why this happened was first 412 00:24:53,160 --> 00:24:56,720 Speaker 1: because the Obama administration took it on as a cause, 413 00:24:57,600 --> 00:25:01,280 Speaker 1: and second because one of the most power chicken companies 414 00:25:01,320 --> 00:25:04,840 Speaker 1: in the United States produce foods, got behind the change. 415 00:25:04,880 --> 00:25:07,520 Speaker 1: In fact, you could argue led the change in some ways, 416 00:25:07,880 --> 00:25:11,200 Speaker 1: but also there was a consumer movement. And it's kind 417 00:25:11,240 --> 00:25:15,440 Speaker 1: of remarkable to me that given the size of the 418 00:25:15,480 --> 00:25:19,920 Speaker 1: economic forces that we're talking about, this incredibly large trade 419 00:25:19,960 --> 00:25:26,080 Speaker 1: in livestock, that consumer voices were heard, but sets of 420 00:25:26,359 --> 00:25:32,080 Speaker 1: very large buyers, for instance, university medical centers and very 421 00:25:32,160 --> 00:25:35,159 Speaker 1: large public school systems, both of which are feeding like 422 00:25:35,240 --> 00:25:40,560 Speaker 1: vulnerable children or feeding vulnerable patients. Said to essentially their wholesalers, 423 00:25:41,359 --> 00:25:44,879 Speaker 1: we don't want any more to buy chicken that was 424 00:25:45,040 --> 00:25:48,040 Speaker 1: raised with routine use of antibiotics, because if there is 425 00:25:48,160 --> 00:25:52,040 Speaker 1: resistant bacteria on this meat, it is going to endanger 426 00:25:52,119 --> 00:25:56,240 Speaker 1: people whom we're feeding. And that led both the companies 427 00:25:56,720 --> 00:26:02,960 Speaker 1: and the regulators to understand that if they stepped out 428 00:26:03,000 --> 00:26:06,960 Speaker 1: and made these changes, there was an audience and a 429 00:26:07,080 --> 00:26:10,879 Speaker 1: market waiting for them, and someone, to everyone's shock, the 430 00:26:11,000 --> 00:26:14,119 Speaker 1: change actually happened. So in the last days of the 431 00:26:14,119 --> 00:26:19,679 Speaker 1: Obama administration, it became no longer possible to use growth 432 00:26:19,720 --> 00:26:22,320 Speaker 1: promoters in the United States. 433 00:26:22,080 --> 00:26:25,560 Speaker 2: Because, of course, chicken isn't just about prices and wages. 434 00:26:25,840 --> 00:26:28,560 Speaker 2: It's about lives too. We eat a lot of chicken 435 00:26:28,600 --> 00:26:31,280 Speaker 2: meat and we want it to be good for us. Meanwhile, 436 00:26:31,320 --> 00:26:34,080 Speaker 2: the use of antibiotics has gone hand in hand with 437 00:26:34,200 --> 00:26:36,679 Speaker 2: crowded chicken houses and factory farming. 438 00:26:37,280 --> 00:26:40,520 Speaker 3: Is Marin mentioned. Perdue, the fourth largest poultry company in 439 00:26:40,560 --> 00:26:42,920 Speaker 3: the US, got on board with the change. Even eight 440 00:26:42,960 --> 00:26:45,159 Speaker 3: years later, it says it's still committed to quote no 441 00:26:45,320 --> 00:26:49,160 Speaker 3: antibiotics ever, in its flocks. Some other companies have backtracked, 442 00:26:49,160 --> 00:26:52,600 Speaker 3: though Tyson, for instance, has dropped its no antibiotics label, 443 00:26:52,920 --> 00:26:55,159 Speaker 3: though it says it's only using drugs that aren't important 444 00:26:55,200 --> 00:26:55,879 Speaker 3: to human health. 445 00:26:57,320 --> 00:27:00,520 Speaker 2: In twenty twenty four, however, there is something else to 446 00:27:00,560 --> 00:27:03,800 Speaker 2: worry about when it comes to chickens collective impact on 447 00:27:03,920 --> 00:27:05,760 Speaker 2: human health, bird flu. 448 00:27:06,480 --> 00:27:09,640 Speaker 1: Bird flu has been coming back to the United States 449 00:27:09,680 --> 00:27:14,679 Speaker 1: and being found not just in migrating wild birds and raptors, 450 00:27:14,720 --> 00:27:20,720 Speaker 1: for instance, but also in domesticated birds. And when avian flu, 451 00:27:20,800 --> 00:27:25,640 Speaker 1: which is incredibly pathogenic to birds, gets into a very 452 00:27:25,840 --> 00:27:31,520 Speaker 1: large scale chicken operation, whether that's turkeys or broilers, meat chickens, 453 00:27:31,760 --> 00:27:36,720 Speaker 1: or laying hens egg chickens, the results are incredibly dramatic. 454 00:27:37,480 --> 00:27:39,720 Speaker 1: Entire farms can be wiped out, and those farms may 455 00:27:39,720 --> 00:27:42,919 Speaker 1: be very large. Egg farms can have more than a 456 00:27:42,960 --> 00:27:46,840 Speaker 1: million chickens on them easily, and so it's a significant 457 00:27:46,920 --> 00:27:50,760 Speaker 1: concern that this flu keeps on, sort of like knocking 458 00:27:50,840 --> 00:27:56,199 Speaker 1: at the window of our agriculture and finding ways inside. 459 00:27:57,800 --> 00:28:00,840 Speaker 2: You may remember this virus from such inflame sationary events 460 00:28:00,880 --> 00:28:03,639 Speaker 2: as the twenty twenty three egg price spike, which was 461 00:28:03,720 --> 00:28:07,160 Speaker 2: caused in part by the culling of millions of hens 462 00:28:07,400 --> 00:28:09,879 Speaker 2: because of bird flu, as we discussed in the first 463 00:28:09,880 --> 00:28:10,719 Speaker 2: part of this series. 464 00:28:11,280 --> 00:28:14,320 Speaker 1: So over the past couple of years, it's become very 465 00:28:14,320 --> 00:28:18,240 Speaker 1: clear out in the wild world that this avian strain 466 00:28:18,280 --> 00:28:20,760 Speaker 1: of flu, avian flu H five N one also can 467 00:28:20,840 --> 00:28:25,480 Speaker 1: affect mammals. It had a really profound effect on several 468 00:28:25,640 --> 00:28:30,159 Speaker 1: collections of mammals living by ocean sides, like sea lions, 469 00:28:30,200 --> 00:28:33,320 Speaker 1: for instance, in South America. But I think it was 470 00:28:33,400 --> 00:28:37,440 Speaker 1: kind of a shock for people to realize that somehow 471 00:28:38,000 --> 00:28:42,080 Speaker 1: this flu had made a sufficient adaptation that it could 472 00:28:42,080 --> 00:28:42,840 Speaker 1: affect cows. 473 00:28:43,320 --> 00:28:46,480 Speaker 2: Did you hear that bird flu is now found in cows. 474 00:28:46,920 --> 00:28:49,120 Speaker 2: That's your chicken sandwich and your milkshake. 475 00:28:49,520 --> 00:28:52,480 Speaker 1: And now avian flu H five to one has been 476 00:28:52,520 --> 00:28:58,200 Speaker 1: found in primarily in dairy farms up and down the US. 477 00:28:59,120 --> 00:29:02,600 Speaker 1: It may well be in other types of cattle raising 478 00:29:02,680 --> 00:29:07,800 Speaker 1: as well. It happens that on dairy farms, first workers 479 00:29:07,840 --> 00:29:10,280 Speaker 1: are pretty face to face with the cows fairly often, 480 00:29:10,360 --> 00:29:13,160 Speaker 1: and second they interact with the cows fairly often because 481 00:29:13,160 --> 00:29:16,320 Speaker 1: the cows have to be milked regularly, and so that 482 00:29:16,440 --> 00:29:19,920 Speaker 1: flu caned sicken cows and can cross from cows to 483 00:29:20,040 --> 00:29:24,240 Speaker 1: humans has become visible on dairy farms in a way 484 00:29:24,240 --> 00:29:26,560 Speaker 1: that I think no one really expected and that has 485 00:29:26,600 --> 00:29:27,680 Speaker 1: taken us by surprise. 486 00:29:28,440 --> 00:29:30,760 Speaker 3: At the time we're recording this, the Center for Disease 487 00:29:30,800 --> 00:29:33,720 Speaker 3: Control and Prevention is confirmed that healthcare workers in Missouri 488 00:29:33,800 --> 00:29:36,120 Speaker 3: got sick if they're nursing a patient who is infected 489 00:29:36,160 --> 00:29:38,920 Speaker 3: with bird flu. It's not yet clear how they got it, 490 00:29:38,960 --> 00:29:40,960 Speaker 3: but it is a reminder the chicken might end up 491 00:29:41,000 --> 00:29:46,640 Speaker 3: being ground zero for another pandemic too. It's probably a 492 00:29:46,680 --> 00:29:50,520 Speaker 3: stretch to say that the US economy, whether it's inflation, wages, 493 00:29:50,920 --> 00:29:53,880 Speaker 3: quality of life, etc. Rests on how we grow, treat, 494 00:29:53,880 --> 00:29:56,400 Speaker 3: and sell its chicken. But like there's a lot there, 495 00:29:56,720 --> 00:29:57,959 Speaker 3: it contains multitudes. 496 00:29:58,320 --> 00:30:01,920 Speaker 2: Chicken does contain multitudes. When demand goes up and supply 497 00:30:02,040 --> 00:30:05,320 Speaker 2: chains and labor markets get upended, whether it's from disease 498 00:30:05,440 --> 00:30:09,120 Speaker 2: or climate disaster, chicken prices go up too, adding to 499 00:30:09,240 --> 00:30:13,080 Speaker 2: overall inflation, and companies might push price in that scenario 500 00:30:13,120 --> 00:30:16,920 Speaker 2: to make up for lost volumes, which also adds to inflation. 501 00:30:17,080 --> 00:30:19,080 Speaker 3: And chicken on the way birds are raised could be 502 00:30:19,120 --> 00:30:21,760 Speaker 3: the source of another major pandemic, one that could cause 503 00:30:21,760 --> 00:30:23,720 Speaker 3: a lot of disruption yet again, and the. 504 00:30:23,680 --> 00:30:26,360 Speaker 2: Tournament system has a lot to say about the balance 505 00:30:26,360 --> 00:30:29,840 Speaker 2: of power between big companies and platforms and the people 506 00:30:29,840 --> 00:30:33,000 Speaker 2: who rely on them. Plus, chickenization is on the march 507 00:30:33,040 --> 00:30:36,320 Speaker 2: more broadly, making its way into pig farming and other 508 00:30:36,400 --> 00:30:38,040 Speaker 2: parts of American agriculture. 509 00:30:38,600 --> 00:30:41,600 Speaker 3: In the meantime, the intense concentration in the poultry industry 510 00:30:41,600 --> 00:30:44,480 Speaker 3: has captured the attention of regulators and prompted some action 511 00:30:44,680 --> 00:30:47,400 Speaker 3: on things like price sharing, but with mixed results so far. 512 00:30:48,080 --> 00:30:51,600 Speaker 2: For them, chicken is really important because it's not just 513 00:30:51,680 --> 00:30:55,320 Speaker 2: about lost or lower earnings for farmers. It's also about 514 00:30:55,320 --> 00:30:59,360 Speaker 2: what happens after that. Here's Jonathan Canter from the DOJ again. 515 00:31:00,040 --> 00:31:02,840 Speaker 5: If you look at the aggregate data, our country has 516 00:31:02,880 --> 00:31:05,840 Speaker 5: lost more than one hundred thousand farms between twenty eleven 517 00:31:05,880 --> 00:31:09,160 Speaker 5: and twenty eighteen. This farmer's share of the retail food 518 00:31:09,200 --> 00:31:12,320 Speaker 5: dollar used to hover around forty percent. Now it's down 519 00:31:12,320 --> 00:31:15,640 Speaker 5: to about fourteen. We've got four companies that control eighty 520 00:31:15,680 --> 00:31:18,400 Speaker 5: five percent of the corn seats market. We have three 521 00:31:18,440 --> 00:31:22,600 Speaker 5: manufacturers that control ninety five percent of equipment production and maintenance. 522 00:31:22,920 --> 00:31:25,280 Speaker 5: We have four companies that control over eighty percent of 523 00:31:25,320 --> 00:31:28,720 Speaker 5: beef packing, and we have a small number of significant 524 00:31:28,920 --> 00:31:32,480 Speaker 5: packers that control poultry, including chicken. The changes that have 525 00:31:32,520 --> 00:31:36,040 Speaker 5: occurred in our economy around these industries and the consolidation 526 00:31:36,200 --> 00:31:40,040 Speaker 5: the concentration are alarming and often are one of the 527 00:31:40,040 --> 00:31:43,200 Speaker 5: reasons why it is important that we remain vigilant and 528 00:31:43,280 --> 00:31:46,040 Speaker 5: focus on forcing the law when the facts and the 529 00:31:46,120 --> 00:31:48,920 Speaker 5: law demand it. But it affects the local community. It 530 00:31:48,960 --> 00:31:52,640 Speaker 5: affects the ability of people to maintain their way of life. 531 00:31:52,720 --> 00:31:55,720 Speaker 5: It affects the bookstore, It affects the independent pharmacy. It 532 00:31:55,720 --> 00:31:59,600 Speaker 5: affects the survival of the local hospital. It affects the 533 00:31:59,680 --> 00:32:03,000 Speaker 5: local bank, which is important to providing capital to local 534 00:32:03,000 --> 00:32:05,920 Speaker 5: businesses who want to build. These are pillars of our 535 00:32:06,000 --> 00:32:10,320 Speaker 5: rural communities, which are in turn the lifeblood of our economy. 536 00:32:10,440 --> 00:32:14,400 Speaker 5: And if we're not investing in preserving a competitive economy 537 00:32:14,440 --> 00:32:18,160 Speaker 5: that provides opportunity for our family farmers to thrive and 538 00:32:18,280 --> 00:32:22,400 Speaker 5: build and maintain and sustain those small businesses hand them 539 00:32:22,440 --> 00:32:25,040 Speaker 5: down from generation to one another, we are not only 540 00:32:25,080 --> 00:32:28,160 Speaker 5: doing a disservice to our family farmers, but we're doing 541 00:32:28,240 --> 00:32:31,719 Speaker 5: a disservice to our rural communities at large. And that 542 00:32:31,880 --> 00:32:35,120 Speaker 5: is a significant problem, and it is why these cases 543 00:32:35,160 --> 00:32:36,040 Speaker 5: are so important. 544 00:32:36,920 --> 00:32:39,200 Speaker 2: So there you have it. Chicken can be an engine 545 00:32:39,200 --> 00:32:42,520 Speaker 2: for economic growth too, and when farmers can't make enough 546 00:32:42,560 --> 00:32:46,840 Speaker 2: money producing it, whole communities might suffer. Chicken can influence 547 00:32:47,160 --> 00:32:50,440 Speaker 2: entire towns, counties, states, and economies. 548 00:32:50,880 --> 00:32:53,520 Speaker 3: So the next time you eat a delicious chicken sandwich, 549 00:32:53,600 --> 00:32:55,760 Speaker 3: or a hard boiled egg, or even a nugget, we 550 00:32:55,840 --> 00:32:59,360 Speaker 3: hope you'll think about the bigger economic picture. The Chicken Represents. 551 00:33:04,240 --> 00:33:08,120 Speaker 2: Beat Capitalism is written by Tracy Alloway, Carmen Rodriguez, and 552 00:33:08,240 --> 00:33:09,120 Speaker 2: Joe Wisenthal. 553 00:33:09,600 --> 00:33:12,200 Speaker 3: This short series was produced and edited by Carmen with 554 00:33:12,240 --> 00:33:14,160 Speaker 3: the help of kil Brooks and Dashel Bennett. 555 00:33:14,320 --> 00:33:16,840 Speaker 2: It was also fact checked by Dash and Kale. 556 00:33:16,600 --> 00:33:19,840 Speaker 3: Blake Maple's chickenized our Odd Lots theme and mixed this 557 00:33:19,960 --> 00:33:20,640 Speaker 3: episode too. 558 00:33:21,080 --> 00:33:24,520 Speaker 2: Brendan Newnham is our executive producer, and Sage Bauman is 559 00:33:24,520 --> 00:33:27,920 Speaker 2: Bloomberg's head of Podcasts. If you enjoyed this three part 560 00:33:28,000 --> 00:33:31,280 Speaker 2: deep dive into the chicken industry, please consider leaving a 561 00:33:31,400 --> 00:33:35,280 Speaker 2: positive review on your favorite podcast platform. Thanks for listening. 562 00:33:59,480 --> 00:33:59,720 Speaker 2: Thanks