Abstract

http://ssrn.com/abstract=2383583
 


 



Agricultural Cooperatives and the Law: Obsolete Statutes in a Dynamic Economy


Peter Carstensen


University of Wisconsin Law School

2013

South Dakota Law Review, Vol. 58, p. 462, 2013
Univ. of Wisconsin Legal Studies Research Paper No. 1245

Abstract:     
Farm cooperatives are important vehicles for the marketing of agricultural production. The Capper-Volstead Act's limited antitrust immunity and the Agricultural Marketing Agreement Act's authorization of cartels along with some other equally old statutes still structure much of the marketing process for cooperatives. The results are anti-competitive harms to both farmers and consumers. In addition, despite the very large scale and vast membership of some cooperatives, no state or federal law provides membership governance rights and information disclosure comparable to that imposed on similarly sized corporations. Current judicial interpretation has constrained some of the worst aspects of these statutory schemes, but only a fundamental revision of the legislation can address the full range of current issues.

Number of Pages in PDF File: 38

Keywords: Farm cooperatives, Capper-Volstead Act, Agricultural Marketing Agreement Act, Antitrust exemptions, Agricultural commodity market, Governance of cooperatives

JEL Classification: K42

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Date posted: February 22, 2014  

Suggested Citation

Carstensen, Peter, Agricultural Cooperatives and the Law: Obsolete Statutes in a Dynamic Economy (2013). South Dakota Law Review, Vol. 58, p. 462, 2013; Univ. of Wisconsin Legal Studies Research Paper No. 1245. Available at SSRN: http://ssrn.com/abstract=2383583

Contact Information

Peter C. Carstensen (Contact Author)
University of Wisconsin Law School ( email )
975 Bascom Mall
Madison, WI 53706
United States
608-263-7416 (Phone)
608-262-5485 (Fax)
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