U.S. Senators Elizabeth Warren (D-Mass.) and Jim Banks (R-Ind.) have publicly supported and urged the Department of Justice (DOJ) to continue its thorough investigation into potential anticompetitive practices by major egg producers.
The senators’ call comes amid persistently high egg prices, which have tripled since 2021, placing a significant burden on American families.
In a joint letter to the DOJ, the senators highlighted that large egg producers and trade associations have a history of being found liable for price fixing.
“Given this history,” the senators wrote, “we urge DOJ to thoroughly review whether recent trends in egg prices reflect impermissible coordination among egg producers and trade associations.”
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The average retail price of a dozen eggs surged to unprecedented levels, exceeding $6 in March 2025. While egg producers and their associations largely attribute these increases to recent bird flu outbreaks impacting supply, Senators Warren and Banks noted that large producers, such as Cal-Maine, have simultaneously reported record profitability.
The senators’ letter pointed out a suspicious trend: egg prices began to drop from their peak levels shortly after the DOJ announced its investigation. This timing, they suggested, raises concerns about whether large producers might have been engaging in anticompetitive behaviors to inflate prices or restrict supply.
The letter referenced a past federal jury finding that large egg producers and trade groups conspired between 2004 and 2008 to artificially limit the supply of hens, thereby increasing prices. It also mentioned a separate lawsuit alleging that Cal-Maine inflated egg prices following the 2015 bird flu outbreak and during the initial phase of the COVID-19 pandemic.
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Senators Warren and Banks also emphasized the significant market concentration within the industry. The top five egg producers – CalMaine Foods, Rose Acre Farms, Daybreak Foods, Hillendale Farms, and Versova Holdings – control nearly half of the nation’s egg-laying flock. This market structure, the senators argued, leaves consumers with limited alternatives if these dominant companies engage in price gouging.
To assist the DOJ’s investigation, the senators requested the agency address several key concerns:
- Whether price increases in the egg market can be entirely explained by bird flu-related supply chain disruptions.
- The extent of profits earned by the five largest egg producers during the first three-quarters of fiscal year 2025.
- Whether large egg producers’ purchasing patterns suggest an effort to prolong the supply shortage and maintain high prices.
- Whether the decline in egg prices observed after the DOJ’s announcement indicates potential prior price-fixing among large producers.
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“We support DOJ’s investigation into potential anticompetitive behavior by egg producers and urge the agency to consider whether a ‘precipitous drop’ in egg prices just ‘days’ after reports of the investigation broke suggests that egg producers had conspired to artificially inflate prices,” the senators concluded.
The DOJ’s probe reportedly followed a January letter Senator Warren sent to Donald Trump, pressing him to use tools to lower egg prices, including encouraging the DOJ to prosecute anticompetitive behavior in the agricultural and food sectors.
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