agman said:Econ101 said:Once again what you think is not improtant. Those were the same twelve people who concluded on their own that IBP had no business purpose to use supply contracts. That was their conclusion although the plaintiff's witnesses and all other witnesses testified to the contrary. May I remind you that such contracts are not illegal.
RIGHT TO CONTRACT DOES NOT TRUMP THE PSA!!!! The PSA sets the rules and some of these contract terms do not follow them. That is why we have laws like the PSA, so companies do not use market power to gain advantage in the market place. When market power is exerted we all lose. This is the argument the packers want to make-- that their right to contract and break the rules set forth in the PSA is dominant. It just isn't so. Just because you formalize fraud with a contract is no excuse for you to get away with it. The excuse that "the cattlemen made up these contracts" or that the cattlemen are somehow responsible for Tyson exerting market power because some of them willingly entered into contracts is ridiculous.
Companies breaking laws through contracts that market participants enter into willingly is no defense against the company using those mechanisms to exert market power.
I have continually argued that in cattle the contracts themselves were not the culpret, they were the vehicle. I am continually pointing to Tyson's other reason for swinging the beef markets, their poultry business. In the poultry contracts I have looked into they are the mechanism for the fraud. Poultry producers are now being paid based on their facilities, not on the poultry they are producing. When cattlemen are paid based on factors that provide efficiencies for the packers instead of the product the are producing, they too will lose their producer surplus and the companies will capture all of the profits in the industry. Tyson already knows that game well.
Again, just because the contracts were not illegal and could have good business purposes, does not mean that they could not also be used as a mechanism for exerting market power and extracting the producer surplus. Don't get the two mixed up and don't keep insulting my intelligence when you do.
Having producers sign contracts that include predatory pricing does not mean that predatory pricing was non existent or that the producers are somehow to blame. The entity exerting the market power and the predatory pricing are to blame, not the many producers seeking to maximize their return in the market.
Again, the remedy of not allowing Tyson to enter into these type of contracts is a legitimate remedy if Tyson used them to exert market power. So what if they are at a competitive disadvantage to their competitors in the market place because of it? So what if Tyson will lose out in the market place and not have as much money to give on capital hill. The armed robber who has gun privledges taken away from him is at a competitive disadvantage to the rest of the population in regards to self protection. It is the price he had to pay for the armed robbery.
In response to your last sentence in this quote, using the example of the armed robber; it was not illegal for him to have a gun before the armed robbery, but that did not excuse him for using it during the armed robbery.
Your knowledge of the industry and this particular case does not exclude your incorrect application of logic and economic reasoning that was the basis of the PSA. It does not excuse the appellate judge's decisons either; it just reduces their credibility and compromises their judicial integrity.
If you are correct and I am so wrong then this case will get a quick review and be overturned by the Supreme Court. I will say again, they will not waste their time on a case where the decision of the Appellate court was unanimous. It appears you are the one with misplaced logic. If you could demonstrate that you knew even the basics of how this industry works then you would not be so confused. You have derived your opinions from heresay, not factual events. Do you still think major retailers only sell choice beef? I will save you the effort of checking, they sell predominately select beef.
The one thing you have proven to be adept at is taking one small phrase and implying that constitutes that entire law. Sorry Bud, but you are not the first one to pull that shell game. You are only fooling yourself and some R-Calf sheep.
I never made the claim that retailers sell only choice. I even admitted that I had bought select cuts of meat from the retail markets. It seems you are taking taking one small phrase and implying something different than it is. I do know that most times choice costs more than select. I can look to see if the fat trimmed or not trimmed off a brisket (and yes I cook a mean brisket) is enough to warrant the price/yield spread between two different grades of meat. I do know that some of the best meat I have had came from Ruths Chris Steakhouse and it was expensive and trimmed. I have cut my own beef before and know the difference between yield/grade. I do know that I don't want to eat another brahman beef.
I did not take the PSA phrase out of context. The appellate court did. They don't even know that any breaking of parts a) and b) of Section 202 affects the producer surplus and that any company captures the producer surplus has a competitive edge in relation to its competitors who treat its producers fairly. It is this court that has taken this law out of historical context.
I do know that when 1.28 billion dollars and the possibility of many more billions of dollars is at stake that it is not that hard of stretch that a THREE JUDGE PANEL can either be manipulated or out to lunch or corrupt. Especially when these judges owe their advancement to recommendations of the current judiciary committee.
As for being a sheep, maybe I am a wolf in sheep's clothing.