Last month, we reported on the Department of Justice (“DOJ”) ramping up antitrust enforcement in the agriculture industry, including through an investigation into the meatpacking industry, coming on the heels of similar efforts by the DOJ in 2024. Our prior update followed reports earlier this year of increased monitoring of pricing of consumer products by the DOJ and the Federal Trade Commission (“FTC”) to identify potential anticompetitive conduct in response to rising costs following the implementation of tariffs. Further broadening these initiatives, on December 6, 2025, President Trump signed an Executive Order (“EO”) to establish two new government task forces charged with investigating whether anticompetitive behavior in the food industry is impacting grocery prices.
Titled “Addressing Security Risks From Price Fixing and Anti-Competitive Behavior in the Food Supply Chain,” the EO asserts that “anti-competitive behavior, especially when carried out by foreign-controlled corporations, threatens the stability and affordability of America’s food supply.” The EO instructs the Attorney General and the Chair of the FTC to establish a “Food Supply Chain Security Task Force” within their respective agencies. These Task Forces are charged with investigating food-related industries to determine whether “anti-competitive behavior exists in food supply chains,” and whether control of food-related industries “by foreign entities is increasing the cost of food products . . . or creating a national or economic security threat to Americans.” The EO orders the Attorney General and FTC Chair to take necessary action to remedy any such anti-competitive behavior, including potential criminal proceedings. Last, the EO requires the Task Forces to brief the House of Representatives and the Senate on their progress and findings within 180 days, and again within one year, of the EO.
In a Fact Sheet accompanying the EO, the White House notes that “major players in America’s food supply chain have paid tens of millions to settle price fixing lawsuits” and contends that “[f]oreign-controlled companies are increasingly involved in key segments” of the food industry. The Fact Sheet further comments that without “aggressive enforcement,” the alleged “price-fixing and anti-competitive behavior will continue to inflate grocery bills and weaken America’s food independence.”
It is not yet known who will sit on the Task Forces, when they will be formed, or what companies will be targeted for investigation. Given the forthcoming midterm elections in 2026 and the 180- and 365-day congressional reporting requirements, however, one can infer that the Task Forces will take shape soon and will be under pressure to move quickly.
As we previously noted about the pending investigation into the meatpacking industry, these recent developments have important implications for all companies involved in the food supply chain in the United States. Widespread investigatory demands are a possibility, along with the prospect of enforcement cases that are accompanied by follow-on civil litigation and class actions by private plaintiffs. These matters may also spawn Congressional investigations and hearings. Companies involved in the food industry supply chain should be mindful of this heightened scrutiny, particularly those that can be deemed “foreign-controlled.”
Foley & Lardner has a wealth of experience guiding clients through antitrust investigations and litigation alike. If you have any questions about the implications of these developments on your company, please contact the authors of this article or your Foley & Lardner attorney.
