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DOJ aims to block JBS-Swift’s purchase of National Beef

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DOJ aims to block JBS-Swift's purchase of National Beef

By Tom Johnston on 10/20/2008


The U.S. Department of Justice filed a civil antitrust lawsuit Monday in U.S. District Court in Chicago to block JBS-Swift & Co.'s proposed acquisition of National Beef Packing Co., contending the deal would cause financial hardship on consumers and producers and harm industry competition.

The Attorneys General of Colorado, Iowa, Kansas, Minnesota, Missouri, Montana, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Texas and Wyoming are joining in the lawsuit.

The DOJ concluded that combining JBS-Swift and National Beef, the third- and fourth-largest U.S. beef packers, respectively, would result in lower prices paid to cattle suppliers and higher beef prices for consumers. In court documents, the department deal also would eliminate a "competitively significant" packer and place more than 80 percent of domestic cattle slaughter capacity in the hands of three companies: JBS, Tyson Foods Inc. and Cargill Inc., the department said.

"The combination of JBS and National will likely lead to grocers, foodservice companies and ultimately American consumers paying higher prices for beef," Thomas O. Barnett, assistant attorney general in charge of the the DOJ's Antitrust Division," said in a statement. "It will also lessen the competition among packers in the purchase of cattle that has been critical to ensuring competitive prices to the nation's thousands of producers, ranchers and feedlots."

JBS announced in early March it had reached agreements to purchase Kansas City, Mo.-based National Beef ($465 million), Smithfield Beef Group ($565 million) and Australia's Tasman Group ($150 million).

A DOJ spokesman said the department is not challenging JBS's proposed purchase of Smithfield Beef Group, the nation's fifth-largest beef packer, or the Five Rivers cattle feeding operation.
 
Good to hear that many are so happy over the DOJ's lawsuit..........seems so many well intentioned ranchers.........love a good lawsuit. Mark my words..........it looks like all ranchers (and US citizens) will get all the government protection they would like.......in the near future......not only protecting us from packers.......but protecting us in all aspects of our lives. Enjoy your "protected" status.......as we all are being "taken care of".

As far as the JBS deal goes........what most don't seem to understand......is that the Batista Boys are serious.....they WILL.....rule the business.....not through government mandates.....but through their sheer effort. These guys are more an example of good old American Capitalism than almost any other big business I know of.

NO government handouts.......NO buying lobbiests and paying off Presidents for these guys.....only hard work........and smart work.

If you liked my government protection prediction.....you will REALLY like my next prediction...

JBS is and will be one of the best partners a rancher ever had.

Robert and the one percenter's will sell their own products.......the rest will relie on JBS to sell them......the really confused ones will side with DOJ and fight the Batistas.........only to help the chicken pluckers sell more chicken.

Still can't understand why many side with the proven shady guys at Tyson while shunning the good guys at JBS. Every effort to slow down JBS is a direct contribution to the chicken pluckers.

Just so you know.......I will be buying all the JBS stock.....my meager resources will allow........these guys no how to do business.
 
graybull......... I call BS on your post. I totally disagree with you and if Americans don't wake up and put an end to monopolies and corporations being "too big to fail", we'll all be in soup lines.

There's the greatest transfer of wealth going on right now to concentrate businesses into an even larger business... when the top 10 percent own 90 percent of all the wealth such as is going on now... the bottom 90 percent of people will be paupers.

When the banks get done eating each other, and get loads of money from congressional bailouts they will be eating up all the agriculture land and products.
 
Graybull, if the Smithfield buy goes through, the Batista Boys will be starting down the path of "protein supplier"...not just beef. I do agree we need "BEEF PEOPLE" selling beef, not the "chicken pluckers".
Consumers that can and will pay the price we need to make a living, want to buy from producers, not protein corporations.
Good to hear from you...take care. Robert
 
Greybull- in your description making the Batista's sound like saints-- you forgot to include the Millions of $ of BRAZILIAN GOVERNMENT money that is invested in their operation...

You criticize having US government control- how about Brazilian Government control :???:
 
MoGal said:
graybull......... I call BS on your post. I totally disagree with you and if Americans don't wake up and put an end to monopolies and corporations being "too big to fail", we'll all be in soup lines.

There's the greatest transfer of wealth going on right now to concentrate businesses into an even larger business... when the top 10 percent own 90 percent of all the wealth such as is going on now... the bottom 90 percent of people will be paupers.

When the banks get done eating each other, and get loads of money from congressional bailouts they will be eating up all the agriculture land and products.

MoGal, you are totally right on this.

The Batistas may be good businessmen (I don't really know except a small inside view), but often business looks out for their own interests, not the interests of their customers---note the mortgage meltdown.

Competition is the only thing that keeps them in line.

Graybull, I totally agree with you that Tyson needs to be confronted, but I do not put my faith in the concentration of the industry to do this and all the monopolistic and oligopolistic games that can and are played by those with that power. Our justice system needs to enforce the laws on the books instead of allowing these games to be played just as the courts needed to award damages to mortgage companies who broke the law in selling their products by misleading and lying to customers.

With out enforcement of the laws, justice turns into just us. We confronted this problem in our nation in the beginning of the last century. Not following the wisdom that came from previous experiences has lead to the current financial meltdown and the abuses in the meats industry.

RCALF has definitely had an impact on this thinking and they are owed a lot. With out them on these issues, things would be a lot worse. They have attained, by Tyson's own words, a counter power to the interests of the likes of Tyson robber barons.

Tex
 
Oldtimer said:
Greybull- in your description making the Batista's sound like saints-- you forgot to include the Millions of $ of BRAZILIAN GOVERNMENT money that is invested in their operation...

You criticize having US government control- how about Brazilian Government control :???:

YES

A LOT of Brazilian government money. And some of the Batista family have been involved in the Brazilian government.
Their growth rate over the past few years has been greater than the rate of profit of most packers world wide.

Being capitalistic and working hard does not make somebody honest. JBS in Brazil has been found in violation of that country's antitrust laws. So, what can we expect from them here?

This is a DOJ that has never seen a merger it didn't like, and they now don't like this one. It must really be a problem for them to want to stop it. Ask some of the Kansas folks about the slaughter plants in Kansas and who would own them. Or the one in Arizona.

I have read the DOJ's court filing. In it they point out that the HHI index (regionally in Arizona) for packers would hit 6000 if this merger went through. Any index number above 1800 is "highly concentrated."

This is antitrust law finally working like it's supposed to. (Except for them letting them buy Five Rivers)
 
graybull said:
Good to hear that many are so happy over the DOJ's lawsuit..........seems so many well intentioned ranchers.........love a good lawsuit. Mark my words..........it looks like all ranchers (and US citizens) will get all the government protection they would like.......in the near future......not only protecting us from packers.......but protecting us in all aspects of our lives. Enjoy your "protected" status.......as we all are being "taken care of".

As far as the JBS deal goes........what most don't seem to understand......is that the Batista Boys are serious.....they WILL.....rule the business.....not through government mandates.....but through their sheer effort. These guys are more an example of good old American Capitalism than almost any other big business I know of.

NO government handouts.......NO buying lobbiests and paying off Presidents for these guys.....only hard work........and smart work.

If you liked my government protection prediction.....you will REALLY like my next prediction...

JBS is and will be one of the best partners a rancher ever had.

Robert and the one percenter's will sell their own products.......the rest will relie on JBS to sell them......the really confused ones will side with DOJ and fight the Batistas.........only to help the chicken pluckers sell more chicken.

Still can't understand why many side with the proven shady guys at Tyson while shunning the good guys at JBS. Every effort to slow down JBS is a direct contribution to the chicken pluckers.

Just so you know.......I will be buying all the JBS stock.....my meager resources will allow........these guys no how to do business.

I don't think you can say JBS has no government help.
 
This was written by Robert Reich... He served as the twenty-second United States Secretary of Labor, serving under President Bill Clinton from 1993 to 1997... He is a former Harvard professor and is currently a professor at the University of California, Berkeley's Goldman School of Public Policy....

He is saying the exact same thing I've said for some time "If They're Too Big To Fail, They're Too Damn Big Period-- Where has all our anti-trust and monopoly regulation been :???: It fits perfectly with why JBS should not be able to buy up the Packing/Feeding industry...

Tuesday, October 21, 2008
If They're Too Big To Fail, They're Too Big Period

According to Treasury Secretary Hank Paulson, the biggest Wall Street banks now getting money from the government are just "too big to fail." Fed Chairman Ben Bernanke uses a different euphemism – he calls them "systemically critical." The point is that if any of them goes down, it could take the whole financial system with it. So we taxpayers have to keep them up.

We're hearing the same argument elsewhere in Washington for saving General Motors. It's just "too big to fail." So Congress is considering a bailout that would keep GM afloat and sweeten a merger between GM and Chrysler.

Pardon me for asking, but if a company is too big to fail, maybe – just maybe – it's too big, period.

We used to have public policies to prevent companies from getting too big. Does anyone remember antitrust laws? Somewhere along the line policymakers decided that antitrust would only be used where there was evidence a company had so much market power it could keep prices higher than otherwise.

We seem to have forgotten that the original purpose of antitrust law was also to prevent companies from becoming too powerful. Too powerful in that so many other companies depended on them, so many jobs turned on them, and so many consumers or investors or depositors needed them – that the economy as a whole would be endangered if they failed. Too powerful in that they could wield inordinate political influence – of a sort that might gain them extra favors from Washington.

Maybe the biggest irony today is that Washington policymakers who are funneling taxpayer dollars to these too-big-to-fail companies are simultaneously pushing them to consolidate into even bigger companies. They've prodded Bank of America to take over Merrill-Lynch and Countrywide. JP Morgan to acquire Washington Mutual and Bear Stearns. And now they're urging General Motors to absorb Chrysler.

So we're ending up with even bigger giants, with even more power over the economy and politics, subsidized by taxpayers, and guaranteed never to fail because they're just ... too big.

http://robertreich.blogspot.com/2008/10/if-theyre-too-big-to-fail-theyre-too.html
 
from The Buffalo News said:
News Library - Search Results




CORPORATE MERGERS SET RECORD FOR QUARTER
Article 1 of 1 found.
Published on April 1, 1997

103{WORDCNT:-0} words



The U.S. corporate merger boom roared ahead in the first three months of 1997, racking up a record $183 billion worth of transactions.


The first-quarter total eclipsed the previous first-quarter record of $120.6 billion set in 1995, according to Newark, N.J.-based Securities Data Co., which tracks merger activity The quarter's largest transaction was the announced $10.6 billion merger between Morgan Stanley Group Inc. and Dean Witter, Discover & Co.

This is a short blurb from an article I found on a quick search, but you can get the idea...

Reich was right in the middle of merger mania...in fact, he was King of Mergers at the time. Now in 2008, he is placing the blame on the Bush administration. This illustrates the blatant lie of this entire campaign by the Democrats...they are a big part of today's economic problem, if not the cause. Yet with help from the biased mainstream media, they have put all the blame on Republicans and brainwashed supposedly intelligent people into blindly believing this economy melt down was the results of the last 8 years.

How can you people be so stupid!!!!!!!!!!!!

Does this open your eyes at all Oldtimer???????????????
 
RobertMac said:
from The Buffalo News said:
News Library - Search Results




CORPORATE MERGERS SET RECORD FOR QUARTER
Article 1 of 1 found.
Published on April 1, 1997

103{WORDCNT:-0} words



The U.S. corporate merger boom roared ahead in the first three months of 1997, racking up a record $183 billion worth of transactions.


The first-quarter total eclipsed the previous first-quarter record of $120.6 billion set in 1995, according to Newark, N.J.-based Securities Data Co., which tracks merger activity The quarter's largest transaction was the announced $10.6 billion merger between Morgan Stanley Group Inc. and Dean Witter, Discover & Co.

This is a short blurb from an article I found on a quick search, but you can get the idea...

Reich was right in the middle of merger mania...in fact, he was King of Mergers at the time. Now in 2008, he is placing the blame on the Bush administration. This illustrates the blatant lie of this entire campaign by the Democrats...they are a big part of today's economic problem, if not the cause. Yet with help from the biased mainstream media, they have put all the blame on Republicans and brainwashed supposedly intelligent people into blindly believing this economy melt down was the results of the last 8 years.

How can you people be so stupid!!!!!!!!!!!!

Does this open your eyes at all Oldtimer???????????????

There is no doubt Bill Clinton supported the neocon philosophy...Alan Greenspan has even said that- along with saying he was actually more "fiscally conservative" than the late/current Republicans have been- which is also quite evident....And this neocon philosophy has been shown lately to be a totally disastrous failure....Its good to see folks realizing that....

But what your article does not say is how much MORE corporate mergers took off unchallenged even AFTER 2000.....
 
Oldtimer said:
RobertMac said:
from The Buffalo News said:
News Library - Search Results




CORPORATE MERGERS SET RECORD FOR QUARTER
Article 1 of 1 found.
Published on April 1, 1997

103{WORDCNT:-0} words



The U.S. corporate merger boom roared ahead in the first three months of 1997, racking up a record $183 billion worth of transactions.


The first-quarter total eclipsed the previous first-quarter record of $120.6 billion set in 1995, according to Newark, N.J.-based Securities Data Co., which tracks merger activity The quarter's largest transaction was the announced $10.6 billion merger between Morgan Stanley Group Inc. and Dean Witter, Discover & Co.

This is a short blurb from an article I found on a quick search, but you can get the idea...

Reich was right in the middle of merger mania...in fact, he was King of Mergers at the time. Now in 2008, he is placing the blame on the Bush administration. This illustrates the blatant lie of this entire campaign by the Democrats...they are a big part of today's economic problem, if not the cause. Yet with help from the biased mainstream media, they have put all the blame on Republicans and brainwashed supposedly intelligent people into blindly believing this economy melt down was the results of the last 8 years.

How can you people be so stupid!!!!!!!!!!!!

Does this open your eyes at all Oldtimer???????????????

There is no doubt Bill Clinton supported the neocon philosophy...Alan Greenspan has even said that- along with saying he was actually more "fiscally conservative" than the late/current Republicans have been- which is also quite evident....And this neocon philosophy has been shown lately to be a totally disastrous failure....Its good to see folks realizing that....

But what your article does not say is how much MORE corporate mergers took off unchallenged even AFTER 2000.....
You side step and ignore the point because I know you are smart enough to see it. There is a reason the law requires you to hear BOTH SIDES of a dispute in your court, but you only present one side in your politics!!!

The point is that the Democrats(and you) are lying to the American people...the Democrats and their policies are as much or more the cause of our economic problem as "the last 8 years". The fact is that an Obama presidency and liberal Democrat control of Congress will make the economy worse and will move the Federal government away from the Constitution and toward socialism...Obama has said that is what he is going to do!!! I disagree with a lot of issues with McCain(and Bush), but McCain is one of the few in Washington that has actually tried to change Federal government spending habits...Obama will be more of the last 8 years, only worse.

Again, Democrats are lying about their involvement and what a future under them and Obama will be...and you are helping to perpetuate the lies!!!
 
We seem to have forgotten that the original purpose of antitrust law was also to prevent companies from becoming too powerful. Too powerful in that so many other companies depended on them, so many jobs turned on them, and so many consumers or investors or depositors needed them – that the economy as a whole would be endangered if they failed. Too powerful in that they could wield inordinate political influence – of a sort that might gain them extra favors from Washington.

You're getting awful paranoid in these last days up to the election :wink: :lol:
Is it your realization that Repubs (including McSame) had control of Congress for 12 straight years of the last 14- and control also of the White House for the last 8- and did nothing but spur this mass consolidation on :???:
I don't think he indicated any party over another- and his statement above pretty well sums it up on how they get the power and keep getting more powerful.....
 
One more thought......

"Think twice before you wish to regulate the scope and size of any enterprise or oppose free trade. Capitalism and entrepreneurism have trumped socialism and protectionism every time they have met throughout history."

Jim Whitt
 
What makes a true capitalistic system not need much regulation is that if you don't like the product or service from a provider, there are more providers to provide competition. Our system has moved toward more corporate capitalism which hurts small business capitalism and limits competition. Unfettered capitalism in this age of mergers will lead to monopolies. Mergers eliminate competition which lead to a break down in capitalism.
 
RobertMac said:
What makes a true capitalistic system not need much regulation is that if you don't like the product or service from a provider, there are more providers to provide competition. Our system has moved toward more corporate capitalism which hurts small business capitalism and limits competition. Unfettered capitalism in this age of mergers will lead to monopolies. Mergers eliminate competition which lead to a break down in capitalism.

The real enemy is the merger of business and government. That is coming from both the left and the right.

The government MUST be the referee in the market. It must not decide who wins, but it MUST require competition. The founders set up the federal government with divisions of power with the deliberate purpose of having them compete. They wanted power limited. Antitrust laws do the same thing with businesses. If businesses get too big, they run the government(by strong arm lobbying and other means).
All this is required by the ambitious nature of human beings. Madison said so (Federalist 51). To think that the "market" will regulate (referee) itself is to ignore the realities of human nature. To think that government should do more than referee is also to ignore human nature (of government officials).

People are not automatically evil if they work for the government, and good if they work for corporations. (the typical conservative view)
People are not automatically evil if they work for corporations, and good if they work for the government. (the typical liberal view)
 
Cinch said:
RobertMac said:
What makes a true capitalistic system not need much regulation is that if you don't like the product or service from a provider, there are more providers to provide competition. Our system has moved toward more corporate capitalism which hurts small business capitalism and limits competition. Unfettered capitalism in this age of mergers will lead to monopolies. Mergers eliminate competition which lead to a break down in capitalism.

The real enemy is the merger of business and government. That is coming from both the left and the right.

The government MUST be the referee in the market. It must not decide who wins, but it MUST require competition. The founders set up the federal government with divisions of power with the deliberate purpose of having them compete. They wanted power limited. Antitrust laws do the same thing with businesses. If businesses get too big, they run the government(by strong arm lobbying and other means).
All this is required by the ambitious nature of human beings. Madison said so (Federalist 51). To think that the "market" will regulate (referee) itself is to ignore the realities of human nature. To think that government should do more than referee is also to ignore human nature (of government officials).

People are not automatically evil if they work for the government, and good if they work for corporations. (the typical conservative view)
People are not automatically evil if they work for corporations, and good if they work for the government. (the typical liberal view)
Government has already mergered with big business by allowing all the mergers that eliminate competition...when two companies merger, one competitor is eliminated every time!!!!
 
R-CALF United Stockgrowers of America


"Fighting for the U.S. Cattle Producer"



and the
Organization for Competitive Markets



Honesty. Prosperity. Economic Liberty.


For Immediate Release Contact: Shae Dodson, Communications Coordinator
February 20, 2009 Phone: 406-672-8969; e-mail: [email protected]



Groups Welcome JBS' Withdrawal from Proposed Merger



Billings, Mont. / Lincoln, Neb. – R-CALF USA and the Organization for Competitive Markets (OCM) are pleased with today's announcement reported by Reuters, Sao Paulo, that Brazilian-owned meatpacker JBS has abandoned its bid to take over National Beef Packing Co. (National Beef), the fourth largest U.S. meatpacker. According to th e Reuters article, JBS abandoned the takeover due to a "lack of satisfactory conditions."



R-CALF USA CEO Bill Bullard said this takeover bid was defeated by a combination of aggressive opposition from R-CALF USA and OCM, which led first to a hearing by the U.S. Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights last May and then to an unprecedented enforcement action by the U.S. Department of Justice and 17 state attorneys general against the merger.



"R-CALF USA and OCM members should be proud that they have achieved their goal of blocking this monumental, anticompetitive merger," Bullard said.



OCM Executive Director Fred Stokes said this news is extremely welcome and represents a very positive start on what will be a long, hard fight to restore competition to the U.S. cattle market that has already been lost due to previous mergers which resulted in the U.S. cattle market being one of the most concentrated markets in the U.S. economy.



"Now that we've stopped this ongoing merger, we must focus our collective efforts on reversing the anticompetitive mergers of the past, including JBS' 2008 acquisition of the nation's largest feedlot company when it acquired Smithfield Beef Group,"
said Stokes.



Since March 2008, R-CALF USA and OCM aggressively opposed the JBS/National Beef merger on the grounds that it would exacerbate the distortions already evidenced in the U.S. cattle market and would strengthen JBS' ability to use packer-owned cattle and other forms of captive supplies to manipulate prices paid to hundreds of thousands of independent cattle producers.



"Given the unbridled concentration and consolidation that has occurred in our markets over the past two decades, this is a David versus Goliath type of victory,"
said Bullard. "JBS and National Beef are among the most powerful and influential food manufacturing corporations in the world and their attempt to lock up our cattle market has now been defeated by U.S. family farmers and ranchers."



"U.S. cattle producers should express their appreciation to the Department of Justice and the 17 state attorneys general that stepped up to help our industry preserve the competitiveness of our markets," concluded Stokes.
 
Congrats to Bullard and the others that are not named but also worked hard for this. It is indeed a step in the right direction for competitive markets.
 

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