In Part 3 of their Capper Volstead series, Jay Levine and Don Barnes discuss other statutes that exempt agricultural cooperatives from antitrust liability and delve into the historical and present relationship that USDA and DOJ have with the Capper Volstead Act.
Read a transcript of the episode here.
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In Part 2 of their Capper Volstead series, Jay Levine and Don Barnes continue to discuss the need for the Capper Volstead Act and its key elements. Specifically, the team dives in to discuss why the Act was required and preview some of the ongoing issues with its application.
In a belated tribute to Capper Volstead’s 100th anniversary, Jay Levine talks with his legal partner Don Barnes, one of the deans of the agricultural bar and an authority on Capper Volstead. In Part 1 of their discussion, they review the origins of Capper Volstead and how the legal landscape for agricultural producers has changed over time. Continue Reading
This is Part 3 of a four-part series. Start with Part 1 and Part 2.
After Trump v. Slaughter, many scholars, practitioners, and policymakers are wondering whether there remains a need for a Federal Trade Commission. Given the expected alignment between the FTC and the administration, does it make sense to maintain two antitrust enforcement agencies, the FTC and Department of Justice?
Established in 1914, the Federal Trade Commission (FTC) was charged with policing “unfair methods of competition” and “unfair or deceptive acts or practices.” Designed to represent more than one political perspective, the FTC Act mandated that there be five commissioners, but no more than three may belong to the same political party. Each commissioner is appointed for a term of seven years, and the statute further provides that “[a]ny commissioner may be removed by the president for inefficiency, neglect of duty, or malfeasance in office.”
On June 29, the Supreme Court overruled a 91-year-old precedent that permitted Congress to protect leaders of certain independent agencies from at-will presidential removal. The decision significantly strengthens presidential control over executive agencies and may signal the end of independence for numerous multimember commissions and boards across the federal government. Businesses regulated by agencies such as the FTC, SEC, FCC, FERC, CFTC, NLRB and others should anticipate potentially greater policy swings between administrations and increased political accountability for agency decision-making.
Keep reading for an explanation of how we got here and what it means for the future.
California has enacted a sweeping new premerger notification law that will significantly expand the state’s visibility into M&A activity. On Feb. 10, 2026, Governor Gavin Newsom signed the California Uniform Antitrust Premerger Notification Act (SB 25), making California the third state—after Washington and Colorado—to adopt a broad, cross‑industry premerger filing regime. The law becomes effective Jan. 1, 2027. Previously, notifications were required only of healthcare, retail grocery and retail drug transactions.
