9 C.F.R. § 201.211
Undue or unreasonable preferences or advantages
The Secretary will consider the following criteria, and may consider additional criteria, when determining whether a packer, swine contractor, or live poultry dealer has made or given any undue or unreasonable preference or advantage to any particular person or locality in any respect in violation of section 202(b) of the Act. The criteria include whether the preference or advantage under consideration:
(a) Cannot be justified on the basis of a cost savings related to dealing with different producers, sellers, or growers;
(b) Cannot be justified on the basis of meeting a competitor's prices;
(c) Cannot be justified on the basis of meeting other terms offered by a competitor; and
(d) Cannot be justified as a reasonable business decision.
Notes of Decisions
Cited in 1
case, 2018–2018 · leading case: Org. for Competitive Markets v. U.S. Dep't of Agric., 912 F.3d 455 (8th Cir. 2018).
Org. for Competitive Markets v. U.S. Dep't of Agric., 912 F.3d 455 (8th Cir. 2018). “" Proposed 9 C.F.R. § 201.211 listed six non-exclusive criteria the Secretary will consider in determining whether section 202(b) has been violated, one of which is whether the conduct or action "harms or is likely to harm competition.”
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