Hostname: page-component-76fb5796d-skm99 Total loading time: 0 Render date: 2024-04-30T03:55:33.126Z Has data issue: false hasContentIssue false

An Economic Analysis of Policies Protecting Small Business in the Milk Industry*

Published online by Cambridge University Press:  28 April 2015

H. M. Harris Jr.
Affiliation:
Virginia Polytechnic Instituteand State University
R. D. Knutson
Affiliation:
Department of Agricultural Economics at Purdue University
C. E. French
Affiliation:
Department of Agricultural Economics at Purdue University
Get access

Extract

Regulatory activity to maintain the status of the independent milk company as a viable competitive force in the milk industry has been a central focus of regulatory policy since the 1930's. Some authorities question the degree of emphasis on preservation under the law, but most feel that there is an important element of protection embodied in regulatory activity affecting the industry. We feel that this aspect of the law is important and is the focus of this article.

Legal protection of the independent dairy is afforded from three sources. The Robinson-Patman Act, which prohibits firms from discriminating in price where the effect may be to substantially lessen competition, has been enforced extensively by the Federal Trade Commission (FTC) on behalf of independent milk companies. For example, of 53 complaints filed by the FTC from June 1950 to June 1964, nine were against dairy companies. Independent firms have protected their own position under the law in treble damage private litigation. As a group, the national and regional dairy concerns have been involved in almost continuous treble damage litigation on charges of discriminatory pricing in recent years.

Type
Research Article
Copyright
Copyright © Southern Agricultural Economics Association 1973

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Footnotes

*

Purdue Agricultural Experiment Station Journal Article Number 5228

References

[1]Adelman, M. S., “Price Distrimination as Treated in the Attorney General's Report,University of Pennsylvania Law Review, 104: 2242, 1955.CrossRefGoogle Scholar
[2]Alderson, Wroe, Marketing Behavior and Executive Action, Homewood, Illinois; Richard D. Irwin, Incorporated, 1957.Google Scholar
[3]American Bar Association, Antitrust Developments, 1955-1968, American Bar Association, Chicago, June 1968.Google Scholar
[4]Beatrice Food Company, 1965 Trade Reg. Rep., para. 17, 244.CrossRefGoogle Scholar
[5]Clark, D. A. Jr., Economic Aspects of Government Milk Price Regulations, Univ. of Calif., Agri. Exp. Stat. Bull. No. 63-64, Nov. 1963.Google Scholar
[6]Cobia, D. W. and Babb, E. M., Determining the Optimum Size Fluid Milk Processing Plant and Sales Area, Ind. Agri. Exp. Stat. Bull. 778, May 1964.Google Scholar
[7]Conner, M. C. and Harris, H. M. Jr., “Effect of Processing and Distribution Costs in Outside Markets on Marketing of Fluid Milk,Virginia Agricultural Economics, No. 277, Oct. 1971.Google Scholar
[8]Dean Milk Company, 1965 Trade Reg. Rep., para. 17, 357.CrossRefGoogle Scholar
[9]Devino, G., Bradfield, A., Mengel, J.; and Webster, F., Economies of Size in Large Fluid Milk Processing Plants, Vt. Agr. Exp. Stai Res. Report MP62, 1970.Google Scholar
[10]Fallert, R. F., A Survey of Central Milk Programs in Midwestern Food Chains, USDA, ERS, Marketing Res. Report No. 994, Dec. 1971.Google Scholar
[11]Federal Register, Vol. 38, No. 137, July 3, 1973.Google Scholar
[12]Fife, C. L., The Decision Making Process in Large Independent Fluid Milk Firms in the Midwest, Ph.D. thesis, Purdue University, 1967.Google Scholar
[13]Grieg, W. S., Balance Sheets, Income Statements, and Financial Operating Ratios in the Food Processing Industry, Mich. State Univ. Ag. Econ. Report No. 117, Nov. 1968.Google Scholar
[14]Harris, H. M., The Economic Outlook for the Independent Dairy Company, Ph.D. thesis, Purdue University, 1971.Google Scholar
[15]Knutson, Ronald D., “The Economic Consequences of the Minnesota Dairy Industry Unfair Trade Practices Act,Journal of Law and Economies, 12: 377389, Oct. 1969.CrossRefGoogle Scholar
[16]Manchester, Alden C., The Structure of Fluid Milk Markets: Two Decades of Change, USDA, ERS, Ag. Econ. Report No. 137, 1968.Google Scholar
[17]Mengel, John, Devino, G., and Bradfield, A., Specifications and Costs for a 100,000 Quarts Per-Day Fluid Milk Processing Plant, Rutgers Agr. Exp. Sta. Bui. 825, 1969.Google Scholar
[18]Mueller, W. F., “Merger Policy in the Dairy Industry,” 21st Annual Midwestern Milk Marketing Conference, East Lansing, Michigan, April 27, 1966.Google Scholar
[19]Mueller, W. F., Status and Future of Small Business, Hearings before Select Committee on Small Business, March 15, 1967.Google Scholar
[20]National Commission on Food Marketing, Organization and Competition in the Dairy Industry, Tech. Study No. 3, June 1966.Google Scholar
[21]National Commission on Food Marketing, Special Studies, Tech. Study No. 10, June 1966.Google Scholar
[22]Penrose, Edith, Theory of the Growth of the Firm, New York, John Wiley and Sons, 1959.Google Scholar
[23]Schneidau, R. E. and Knutson, Ronald D., “Price Discrimination in the Food Industry: A Competitive Stimulant or Tranquilizer?American Journal of Agricultural Economics, 51: 11431148, Dec. 1969.CrossRefGoogle Scholar
[24]Thorelli, Hans. B., “The Political Economy of the Firm: Basis for a New Theory of Competition,” Schweizuesche Zeitschift fur Volkswertschaft and Statistik, 1965.Google Scholar
[25]USDA, Federal Milk Order Market Statistics, C & MS, Dairy Div., Nov. 1971 Summary, FMOS-143, Jan. 1972.Google Scholar
[26]U. S. V. Aluminum Company of America, 148 F. 2nd 416 (2nd Cir.) 1945.Google Scholar
[27]Utah Pie Co. V. Continental Baking Co., 386 U. S. 685 (1967).Google Scholar
[28]Vatter, Harold G., Small Enterprise and Oligopoly, Oregon State College, 1955.Google Scholar
[29]Webster, Fred, et. al., Economies of Size in Fluid Milk Processing Plants, Vt. Agr. Exp. Sta. Bui. 636, 1963.Google Scholar
[30]Williams, S. W., Vose, D., French, C. E., Cook, H. L., and Manchester, A. C., Organization and Competition in the Midwest Dairy Industries, Ames, Iowa State Press, 1970.Google Scholar