Lettuce Talk About Price Fixing: White House Targets Price Fixing In The Food Supply Chain

On December 6, the Administration announced an Executive Order that increases scrutiny of anticompetitive behavior in the food supply chain and foreign control of key food supply assets in the U.S. The Fact Sheet accompanying the Order highlights recent settlements in price-fixing litigations involving major players in America's food supply chain and the increasing influence of foreign-controlled companies in key food supply segments as motivation for the Order. It identifies the meat processing, seed, fertilizer, and farm equipment industries as potentially vulnerable to anticompetitive conduct resulting in higher prices for farmers and consumers. The Order calls for new task forces to investigate potential anticompetitive practices across the food sector. Businesses in key agricultural sectors and throughout the food supply chain should expect additional scrutiny from government investigations and potential private follow-on actions.

Task Force and Congressional Action Timeline

Citing the importance of an affordable and secure food supply to America's national and economic security, the Order directs the Attorney General and the Chairman of the Federal Trade Commission to each establish a Food Supply Chain Security Task Force within their respective agencies. The Task Forces are to investigate anticompetitive practices, bring enforcement actions (including criminal proceedings), and propose new rules to stop anticompetitive behavior across the food sector. The Task Forces will consult with relevant members of Congress and potentially White House personnel in six months and again one year from the date of the Order (May and December 2026, respectively). If appropriate, the Task Forces will recommend Congressional action to address their findings.

Continued Focus on Food Supply Participants

The Order is the second recent executive action targeting potential anticompetitive conduct in the food supply chain. In November 2025, President Trump directed the Department of Justice to investigate the nation's largest meat packing companies for potential collusion, price fixing, and price manipulation. The directive highlighted foreign influence in the "Big Four" meat packers in the U.S. and recent consolidation among meat packing companies more generally.

The Order also follows a recent guilty plea by a Miami-based seafood wholesaler, who was charged with conspiring to fix prices of stone crab claws and spiny lobster in Florida between 2023 and 2025. Dennis Dopico and his employees and competitors exchanged text messages and calls to coordinate prices they paid to fisherman: "Don't show text to anyone Confidential. . . . I give you my word. We're working together now not against each other . . . . Let me know what you do. I am matching your prices. It's the one we like the most." Dopico admitted that his conduct affected $8 million in commerce in his plea to one felony count violating Section 1 of the Sherman Act, which can result in 10 years in prison and a $1 million individual fine. Following the plea, U.S. Attorney Jason Reding Quiñones stated, "Price fixing cheats fisherman, squeezes restaurants, and makes families pay more at the table. . . . We will protect honest competition from the boat to the dinner table." The DOJ and U.S. Fish and Wildlife Services investigated the case and have committed to continuing to prosecute price fixing in the fishing industry.

Key Takeaway

Companies in key food supply segments, especially those with foreign ownership or control, should expect increased scrutiny from federal regulators. Government investigations or actions can also spur follow-on litigation by private plaintiff groups. Food supply companies should be mindful of this additional scrutiny when entering into new business relationships and/or executing business strategies, and consult with antitrust counsel.

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