Interpreting and Enforcing Section 2 of the Capper‐Volstead Act

Abstract

Abstract Based upon legislative intent, court holdings, and economic theory, undue price enhancement is associated with the exercise of market power. Consequently, a necessary condition for an agricultural marketing cooperative to be in violation of Section 2 is the ability to prevent members from overproducing if market power is exercised. Investigations of undue price enhancement should first determine the extent to which a cooperative possesses potential market power. If such potential exists, the theory of workable competition provides the framework for determining whether price enhancement has become “undue.”