The U.S. Justice Department has launched an antitrust investigation into whether leading commercial fertilizer producers colluded to raise prices. The probe targets CF Industries Holdings Inc (NYSE:CF), Nutrien Ltd (NYSE:NTR), The Mosaic Company (NYSE:MOS), Koch Inc., and Norway's Yara International ASA, which collectively control most nitrogen-based fertilizer sold in the U.S. and dominate potash and phosphate markets.
The investigation, being run out of the DOJ antitrust division’s Chicago office, is examining companies’ pricing practices for possible civil and criminal antitrust violations, according to the sources, who requested anonymity to discuss a confidential matter. The probe is in its early stages.
The scrutiny comes after the U.S. fertilizer industry underwent dramatic consolidation over four decades. The number of nitrogen fertilizer producers declined from 46 to 13 between 1984 and 2008, a reduction of 72%, according to USDA data. Today, four firms control 75% of the nitrogen fertilizer market domestically, while two firms control nearly 100% of the U.S. potash market, according to University of Waterloo research.
The industry's pricing power became particularly evident in 2021, when fertilizer costs surged dramatically. Prices U.S. farmers paid for fertilizers increased over 60%, with nitrogen fertilizer prices jumping 95% and potash prices rising over 70%, according to USDA figures. The increases added an estimated $128,000 in costs per farm for feed grain operations in 2022.
Market concentration measures show exceptionally high levels across all fertilizer types. The Herfindahl-Hirschman Index (HHI) for the U.S. market stands at 2,382 for nitrogen, 4,553 for phosphate, and 3,455 for potash, according to Texas A&M AFPC research. Figures above 2,500 are generally considered highly concentrated.
EDITOR’S TAKE:
Farmers/ranchers have often complained about rising input costs in recent years. This investigation into the fertilizer industry may hold some answers as to why such concerns may be founded. As noted in the article, the level of concentration is rather high and would lead one to suspect that collusion, either formal or informal, could be of concern to the DOJ. We will maintain a watchful eye as this investigation moves forward and keep you informed. It could have a dramatic impact on fertilizer prices and even involve payouts to farmers if found guilty in a court of law.
In the meantime, one of our AgPack® partners is AgroLiquid fertilizer (not part of the DOJ investigation). They were the original AgPack® partner and remain committed to the CAD mission and to helping provide quality products to farmers who purchase a truck from a CAD member. If you’re interested in learning more about AgroLiquid or any of our other partners, go to www.certifiedagdealer.com and click on the AgPack tab.
