Agriculture Market Concentration: Hearing Before a Subcommittee of the Committee on Appropriations, United States Senate, One Hundred Seventh Congress, First Session : Special Hearing, May 17, 2001, Washington, DC.U.S. Government Printing Office, 2002 - 120 pages |
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acquisitions agency agribusiness agricultural markets anticompetitive Antitrust Division antitrust laws arbitration clauses attorneys buyers captive supplies cattle Chairman Class I railroads commodities companies competitive markets ConAgra concerns conduct Congress consolidation consumers contracts corn costs dealers Department of Justice economic economists effect efficient enforcement export fair family farmers farm farmers and ranchers Federal Arbitration Act Federal Trade Commission feed firms food chain food retailers GIPSA global grain GROWMARK hearing increased input investigations involving Iowa issues legal specialists legislation livestock market concentration market power market share marketplace meat meat packing industry meatpacking ment merger mergers and acquisitions North Dakota operations P&SP Packers and Stockyards percent pork producers poultry poultry industry PREPARED STATEMENT price reporting problems processing processors programs purchase regulations Reiff require sector Senator COCHRAN Senator DORGAN slaughter Stockyards Act subcommittee suppliers Thank tion USDA vertical integration
Popular passages
Page 77 - A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction , or the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, transaction, or refusal, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation...
Page 78 - Prima Paint Corp. v. Flood & Conklin Mfg. Co., 388 US 395, 87 S.Ct. 1801 (1967) (even in a diversity case the federal substantive law controls the resolution of a claim of "fraud in the inducement" of a contract where the issue is referable to the Federal Arbitration Act) ; Szantay v.
Page 78 - ... shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration.
Page 81 - ... resolved in their own courts, but if that choice is not available, then in a neutral forum with expertise in the subject matter. Plainly, the courts of England meet the standards of neutrality and long experience in admiralty litigation. The choice of that forum was made in an arm's-length negotiation by experienced and sophisticated businessmen, and absent some compelling and countervailing reason it should be honored by the parties and enforced by the courts.
Page 31 - The unifying theme of the Guidelines is that mergers should not be permitted to create or enhance market power or to facilitate its exercise.
Page 21 - GIPSA improve its competitive investigations by adopting methods and guidance similar to those used by the Department of Justice (DOJ) and the Federal Trade Commission (FTC).
Page 78 - If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such...
Page 82 - Woe to those who make unjust laws, to those who issue oppressive decrees, to deprive the poor of their rights and withhold justice from the oppressed of my people, making widows their prey and robbing the fatherless.
Page 78 - One rarely finds a legislative history as unambiguous as the FAA's. That history establishes conclusively that the 1925 Congress viewed the FAA as a procedural statute, applicable only in federal courts, derived, Congress believed, largely from the federal power to control the jurisdiction of the federal courts. In 1925 Congress emphatically believed arbitration to be a matter of "procedure.
Page 78 - A party aggrieved by the alleged failure, neglect, or refusal of another to arbitrate under a written agreement for arbitration may petition any United States district court which, save for such agreement, would have jurisdiction under Title 28, in a civil action or in admiralty of the subject matter of a suit arising out of the controversy between the parties, for an order directing that such arbitration proceed in the manner provided for in such agreement. Five days' notice in writing of such application...