Interpreting and Enforcing Section 2 of the Capper‐Volstead Act
基于立法意图、法院判决和经济理论，分析农业营销合作社是否违反法案第2条，提出判断“不当涨价”需先评估合作社的市场力量，再运用可行竞争理论进行判定。
Abstract Based upon legislative intent, court holdings, and economic theory, undue price enhancement is associated with the exercise of market power. Consequently, a necessary condition for an agricultural marketing cooperative to be in violation of Section 2 is the ability to prevent members from overproducing if market power is exercised. Investigations of undue price enhancement should first determine the extent to which a cooperative possesses potential market power. If such potential exists, the theory of workable competition provides the framework for determining whether price enhancement has become “undue.”