The United States Department of Agriculture (USDA) today announced its “Fair and Competitive Livestock and Poultry Markets” proposed rule that would attempt to change the legal standard that parties must demonstrate harm to competition and make it easier to sue and win under the Packers and Stockyards Act (PSA). 

In response to the announcement of the proposed rule, NCC Interim President Gary Kushner released the following statement: 

“This latest rulemaking retreads a failed proposal from more than a decade ago, which was written by a plaintiff’s lawyer who made his money suing poultry companies. This current facelift to the ‘Harm to Competition’ rule would open the floodgates to frivolous and costly litigation. Read more