Hearings to examine competition issues in the seed and fertilizer industries

Farm Economy and USDA OversightSenate Judiciary · October 28, 2025 · 119th Congress
The Senate Judiciary Committee held this hearing to examine market concentration in the seed and fertilizer industries and its effect on farmers' input costs, choice, and bargaining power. Begins at ▶ 0:17:39
Transcript
Highlights

Title

Competition and consolidation in the seed and fertilizer industries

Purpose

The Senate Judiciary Committee held this hearing to examine market concentration in the seed and fertilizer industries and its effect on farmers' input costs, choice, and bargaining power. Chair Grassley, Ranking Member Durbin, and Antitrust Subcommittee leaders Sen. Lee and Sen. Booker heard from farmer, seed-industry, fertilizer-industry, and antitrust-policy witnesses about pricing, patents, rebate programs, and trade policy affecting agriculture. Assistant Attorney General for Antitrust Gail Slater was noted as attending. Begins at▶ 0:17:39

Who spoke

• Chair Chuck Grassley (R-IA)▶ 0:17:39: Opened by describing farmers' squeeze from rising seed and fertilizer costs▶ 0:18:40, touted his Fertilizer Research Act to mandate USDA study and reporting▶ 0:20:43, and called on the Trump administration to lower countervailing duties on Moroccan phosphate▶ 0:21:15; later pressed witnesses on seed royalty increases and consolidation from six to four major ag companies▶ 1:23:25.

• Sen. Dick Durbin (D-IL), Ranking Member▶ 0:26:28: Recounted the 1970s Nixon soybean export halt that pushed Japan toward Brazilian soybeans as a cautionary trade-policy parallel▶ 0:26:58; criticized Trump tariffs on China and a $40 billion aid package to Argentina while Argentina gains soybean market share▶ 0:28:21; sharply challenged Mr. Rosenbusch that fertilizer pricing is "killing" farmers▶ 1:31:25▶ 1:31:47.

• Sen. Mike Lee (R-UT), Antitrust Subcommittee Chairman▶ 0:32:09: Cited two companies controlling ~90% of corn seed genetics and four firms producing ~75% of nitrogen fertilizer▶ 0:33:09; promoted the PRIME Act to let states set their own meat-inspection standards▶ 0:34:08 and highlighted DOJ-USDA task force efforts against price-fixing and predatory pricing▶ 0:35:41.

• Sen. Cory Booker (D-NJ), Antitrust Subcommittee Ranking Member▶ 0:38:48: Called consolidation in seed markets an "extinction-level event" for family farms▶ 0:39:19; argued patented, bundled seed-pesticide packages amount to "coercion through chemistry"▶ 0:43:03; later got Mr. Latham to admit his company would likely still sell a re-approved herbicide despite drift damage in order to keep rebates▶ 1:50:03 and announced plans to introduce legislation for DOJ merger look-backs▶ 1:50:59.

• Noah Coppess, Iowa farmer, Coppess Family Farms▶ 0:49:48: Said farmers are "price takers rather than pacemakers" amid fertilizer cost swings of 25–50%▶ 0:51:12; described paying per-acre "tech fees" for herbicide-spraying equipment even on fields where the product isn't used▶ 0:53:22; testified his farm has planted the same soybean variety for five years for lack of competitive options▶ 0:54:21.

• John Latham, President, Latham Hi-Tech Seeds▶ 0:55:23: Said the seed corn industry is 90% controlled by two companies including licensing▶ 0:55:54; testified seed royalties as a share of a bag's price rose from 42% to 70% in five years despite no product innovation▶ 1:23:55; described restrictive rebate programs that make it risky for independent companies to source technology elsewhere▶ 1:32:25.

• Caleb Ragland, President, American Soybean Association▶ 0:59:53: Said soybean farmers face a projected loss of about $109/acre this year▶ 1:00:52; cited five-year cost increases of 18% for seed, 37% for fertilizer, 25% for pesticides▶ 1:01:13; urged removing IEEPA tariffs on ag inputs and machinery▶ 1:03:50.

• Corey Rosenbusch, President/COO, The Fertilizer Institute▶ 1:05:01: Explained the U.S. imports ~98% of its potash, 87% from Canada, and produces only ~7% of global fertilizer▶ 1:06:28; detailed geopolitical supply disruptions from China, Iran, and Russia▶ 1:06:55; said his group is working to reinstate a vacant USDA transparency position▶ 1:21:25.

• Andy Lavigne, President/CEO, American Seed Trade Association▶ 1:10:04: Said bringing a new biotech seed trait to market costs roughly $50 million over 16 years▶ 1:12:08; cited tariffs applying multiple times as seed crosses international borders during development▶ 1:12:51; said his association takes no position on individual members' licensing or pricing practices▶ 2:10:23.

• Dr. Diana Moss, Progressive Policy Institute▶ 1:15:21: Said two firms control 66% of the soybean market and phosphate concentration is effectively 100%▶ 1:15:53; noted GM seed prices rose ~450% over 30 years versus 50% for commodity prices▶ 1:17:04; said antitrust enforcers should have done more to block mergers that created the "big three" in seed and fertilizer▶ 1:28:57.

• Sen. Amy Klobuchar (D-MN)▶ 1:37:23: Relayed a farmer's description of a "perfect storm of ugly" from input costs, labor shortages, and tariffs▶ 1:37:50; asked witnesses what real seed-market competition would look like▶ 1:38:36.

• Sen. Katie Britt (R-AL)▶ 1:43:29: Highlighted Alabama's poultry, catfish, peanut, and cotton production and projected every major row crop will be produced at a loss in 2025▶ 1:44:15; asked about regulatory barriers preventing true economies of scale from consolidation▶ 1:45:13.

• Sen. Peter Welch (D-VT)▶ 2:01:10: Noted farmers have sold zero bushels of soybeans to China this year due to tariffs▶ 2:02:13; proposed USDA purchase Iowa soybean surplus to help Vermont dairy farmers hit by a 55-year drought▶ 2:05:09; pushed a right-to-repair proposal for farm equipment▶ 2:03:53.

• Sen. Ashley Moody (R-FL)▶ 1:59:44: Established that phosphate is essential to growing food and that Florida is the U.S. center of production▶ 1:59:46; warned that without domestic support, the U.S. becomes more reliant on China and Russia for phosphate▶ 2:00:04.

Key moments

• Latham testified seed royalty costs on a bag of corn seed rose from 42% to 70% of the price over five years with no new innovation, after his company's small breeding program drew "anger" from a leading supplier and was hit with the largest price increase in company history▶ 0:57:14▶ 1:23:55.

• Booker's exchange with Latham: Latham admitted his company would "probably have to sell" a re-approved herbicide known for crop-damaging drift just to preserve rebate eligibility, which Latham agreed is "not" indicative of free-market capitalism▶ 1:50:03▶ 1:50:26.

• Durbin pressed Rosenbusch that fertilizer companies are "killing" farmers with prices even as the industry claims to be globally competitive; Rosenbusch responded that prices are "driven by global supply and demand and geopolitical events"▶ 1:31:25▶ 1:31:50.

• Dr. Moss stated two firms control 66% of the soybean seed market, three control 86% of cottonseed, and phosphate concentration is near 100%, and said DOJ/FTC enforcers should have done more to block the mergers that produced the "big three"▶ 1:15:53▶ 1:28:57.

• Rosenbusch disclosed the U.S. imports about 98% of its potash (87% from Canada) and produces only 7% of global fertilizer supply, while China controls a third of nitrogen and 40% of phosphate production and is restricting exports▶ 1:06:28▶ 1:06:55.

• Ragland said soybean farmers face a projected loss of roughly $109 per acre this year, with commodity prices down nearly 50% from three years ago while seed, fertilizer, and pesticide costs rose 18-37% over five years▶ 1:00:26▶ 1:01:13.

• Welch established that Coppess's farm has sold zero bushels of soybeans to China this year, illustrating tariff-driven market loss, and proposed USDA purchase surplus grain to aid drought-stricken Vermont dairy farmers▶ 2:02:13▶ 2:05:09.

• Coppess testified to paying a per-acre technology fee on camera-guided herbicide sprayers even for the 50-80% of fields where the targeted product isn't applied▶ 0:53:22.

• Dr. Moss said GM seed prices rose almost 450% over 30 years while commodity prices farmers receive rose only about 50%▶ 1:17:04.

• Grassley and Durbin both raised the closure of DOJ's Chicago agriculture-antitrust field office and a University of Illinois soybean germplasm collection lab (with the only other such lab located in China) as unanswered administration decisions▶ 0:29:21▶ 1:27:30.

Metadata

CommitteeSenate Judiciary
Chamber / CongressSenate · 119th Congress
DateOctober 28, 2025
TypeMeeting
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript329 caption blocks · 15,795 words · 2:20:13 runtime
EventCongress.gov 337582