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Abstract

For decades after the emergence of price fixing as a per se offense under federal antitrust law, the major concern about price fixing in agriculture was the scope of the agricultural immunity from antitrust challenge in the face of efforts to combine to fix the prices at which agricultural products are marketed. In more recent years, however, the focus has shifted to price fixing by increasingly concentrated input suppliers and output processors, handlers and shippers. The recent high profile case involving price fixing for lysine and citric acid is an example of recent antitrust concerns in this area and involved criminal charges. A decision handed down on June 18, 2002, by the same court (the Seventh Circuit Court of Appeals) is an example of a recent civil action for price fixing.

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