Exactly 100 years ago, after years of litigation, the five biggest U.S. meatpackers — which were responsible for 82 percent of the beef market — agreed to an antitrust settlement with the Justice Department that helped break their control over the industry.
The Justice Department’s efforts to reduce concentration in meatpacking led to decades of competition. By 1980, the top four firms controlled only 36 percent of cattle slaughters in the U.S., according to a report by the Government Accountability Office.
But during the next 10 years, meatpacking experienced a huge wave of deals, enough that the USDA dubbed the time “merger mania.” By 1988, the new four biggest companies again controlled 70 percent of the beef meatpacking market.
“There’s greater concentration in meatpacking now” than in 1921, said Thomas Horton, an antitrust professor at the University of South Dakota, who previously worked at the Justice Department. The first antitrust laws were “passed to take care of the Big Five. Now we have the Big Four. We’re going backwards.”
Unlike poultry and pork, which take weeks or months to raise, cattle can take as long as two years from birth to butcher. That lifecycle makes it much more difficult to adjust supply. Once cattle reaches its optimal weight, they need to be sold within two weeks, said Peter Carstensen, an antitrust professor at the University of Wisconsin. And realistically, a farmer can only transport cattle about 150 miles to a slaughterhouse.
“You’ve got at most four bidders, but the reality is there are often fewer,” said Carstensen, noting that in some states, there are only one or two meatpackers with plants.
While the structure of the industry has remained stable since 2009, changes in how the meatpackers buy cattle have also had an impact. Before 2015, about half of all cattle was purchased via direct negotiation between a rancher and meatpacker, known as the negotiated cash market. Today, about 70 percent are purchased through contracts where farmers agree to deliver cattle once they reach a certain weight with the price to be determined later — usually a formula that takes into account how much cattle sell for in the cash market.