Interpreting and Enforcing Section 2 of the Capper-Volstead Act

E. V. Jesse, B. W. Marion, A. C. Manchester and Aaron. C. Johnson

American Journal of Agricultural Economics, 1982, vol. 64, issue 3, 431-443

Abstract: Based upon legislative intent, court holdings, and economic theory, undue price enhancement is associated with the exercise of market power. Consequently, a necessary condition for an agricultural marketing cooperative to be in violation of Section 2 is the ability to prevent members from overproducing if market power is exercised. Investigations of undue price enhancement should first determine the extent to which a cooperative possesses potential market power. If such potential exists, the theory of workable competition provides the framework for determining whether price enhancement has become "undue."

Date: 1982
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