Editor’s Note: McDonald’s recent legal action against the U.S. meatpacking industry’s ‘Big Four’—Tyson, JBS, Cargill, and National Beef—marks a significant moment in antitrust litigation, with serious implications for both corporate governance and market competition. By accusing these industry giants of manipulating beef prices through collusion, McDonald’s aims to expose practices that allegedly violate the Sherman Act. For professionals in cybersecurity, information governance, and eDiscovery, this lawsuit underscores the importance of competitive practices in supply chains and the need for robust legal frameworks to address monopolistic tendencies. The outcome of this case could reshape the regulatory landscape, particularly in sectors characterized by market concentration and complex procurement structures.


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Industry News – Antitrust Beat

McDonald’s Takes on the Big Four: A Legal Battle Over Alleged Price Fixing in the Beef Industry

ComplexDiscovery Staff

In the intricate world of corporate litigation, a groundbreaking case is unfolding as McDonald’s, the world-famous fast-food corporation, levels serious allegations against some of the largest entities in the U.S. meatpacking industry. The lawsuit features Tyson, JBS, Cargill, and National Beef Packing Company—commonly referred to as the ‘Big Four’—and accuses these giants of orchestrating a decade-long conspiracy to manipulate beef prices. This legal battle is poised to capture the attention of not only the business world but also legal practitioners focused on antitrust issues.

Filed recently in a New York federal court, McDonald’s suit details an alleged scheme where the Big Four engaged in anticompetitive practices. The core accusation revolves around artificially limiting beef supply to inflate prices, thus violating the Sherman Act, a federal statute pivotal in maintaining competitive markets. According to McDonald’s, this collusion dates back to at least January 2015 and persists to the present day, impacting pricing for themselves and potentially the wider market.

The ramifications of such alleged practices extend beyond corporate losses, underscoring concerns of monopolistic control in a critical segment of the food supply chain. With these companies reportedly commanding over 80% of the U.S. beef market, McDonald’s insists that antitrust laws were precisely designed to prevent such heavy market concentration from stifling competition.

Historically, similar allegations against these entities have surfaced. Tyson and JBS, for example, have faced varying degrees of scrutiny and legal action. Notably, JBS agreed to a $52.5 million settlement in 2022 related to similar price-fixing claims, and Tyson settled a chicken price-fixing class-action for $221.5 million in 2021. Importantly, these settlements did not include admissions of wrongdoing. The defense consistently posed by these companies revolves around external market factors—such as supply shortages exacerbated by the COVID-19 pandemic—rather than intentional anticompetitive conduct.

The lawsuit has drawn attention to the financial landscapes within the meatpacking industry, citing increased profit margins during alleged periods of collusion. “Conspiracies are easier to organize and sustain when only a few firms control a large share of the market,” McDonald’s legal filing asserts. This argument places a spotlight on the immense leverage held by the Big Four in dictating market trends and raises questions about the facilitation of potential collusion by market concentration.

For McDonald’s, a successful outcome in this lawsuit could mean significant restructuring in their supply chain contracts and pricing strategies. The fast-food conglomerate, which operates more than 39,000 locations globally, including approximately 13,000 in the U.S., seeks a jury trial that could set a transformative precedent in antitrust adjudication.

Industry observers are keenly watching as Tyson, JBS, Cargill, and National Beef formulate their responses. To date, none have publicly commented directly on the lawsuit’s specifics. The case is a prominent example of the ongoing legal discourse surrounding antitrust regulations in the food industry, and highlights the delicate balance between corporate profits and market fairness.

Beyond the immediate implications, the lawsuit hints at a broader dialogue within corporate and legal communities on the evolving nature of competitive practices and market dynamics. As corporations, legal departments, and policy makers assess this case, its outcome may deeply influence future regulatory approaches across sectors dependent on expansive supply chains and complex market systems.

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