Executive Order 14364 explained · Executive Order · No disposition noted
Addressing Security Risks From Price Fixing and Anti-Competitive Behavior in the Food Supply Chain
Signed: 2025-12-06 Published: 2025-12-10 Federal Register document: 2025-22537
Agencies: Executive Office of the President
What Executive Order 14364 says
Federal Register, Volume 90 Issue 235 (Wednesday, December 10, 2025) [Federal Register Volume 90, Number 235 (Wednesday, December 10, 2025)] [Presidential Documents] [Pages 57349-57350] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2025-22537] Presidential Documents Federal Register / Vol. 90 , No. 235 / Wednesday, December 10, 2025 / Presidential Documents [[Page 57349]] Executive Order 14364 of December 6, 2025 Addressing Security Risks From Price Fixing and Anti-Competitive Behavior in the Food Supply Chain By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered: Section 1. Background. An affordable and secure food supply is vital to America's national and economic security. However, anti-competitive behavior, especially when carried out by foreign-controlled corporations, threatens the stability and affordability of America's food supply. In recent years certain companies in the American food supply chain have even settled civil suits accusing them of price fixing for tens of millions of dollars. Food supply sectors including meat processing, seed, fertilizer, and equipment have similar vulnerabilities to price fixing and other anti-competitive practices. My Administration will act to determine whether anti-competitive behavior, especially by...
Opening of the official text; read it in full in the Federal Register.
Constitution Index
“VFA Constitution grade”
Constitutionally sound
Graded 2026-10-08
SI-generated grade · five published checks · not individually reviewed by a person · methodology
Executive Order 14364 directs existing DOJ and FTC antitrust authorities to investigate suspected price fixing and foreign-control risks in interstate food supply chains and to pursue only lawful enforcement, criminal process, and congressional briefings. It claims no new power, restricts no protected freedom, and preserves full due process and judicial review.
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✓ Passes · Enumerated powers
The President acts under Article II, Sections 1 and 3 to direct executive departments to execute the laws, and Congress has explicit authority over this subject under Article I, Section 8, Clause 3 to regulate commerce among the states and with foreign nations, and Clause 18 to make laws necessary and proper for that regulation. Federal antitrust investigation and prosecution of price fixing in in… -
✓ Passes · Bill of Rights
No speech, religion, press, assembly, arms, search, trial, jury, or other Bill of Rights freedom is restricted. The order directs investigation and lawful enforcement only, with explicit limit in Sec. 2(b) barring disclosure of non-public investigation material and Sec. 3(b) requiring implementation consistent with applicable law. Any search, subpoena, or prosecution arising from the Task Forces r… -
✓ Passes · Individual sovereignty
The order restricts no lawful personal use of person, property, speech, labor, or belief. It targets collusive price fixing and anti-competitive conduct that itself harms the liberty of other market participants and consumers, not independent competitive business decisions. The burden remains on the government to prove a violation in a lawful enforcement proceeding before any remedy issues, preser… -
✓ Passes · Decentralization
Under Tenth Amendment analysis, this interstate and foreign-commerce food supply matter cannot be resolved at a lower level. (1) Individuals and families cannot investigate nationwide price fixing or foreign control of meat processing, seed, fertilizer, and equipment markets. (2) Local communities and counties lack jurisdiction, compulsory process, and expertise for interstate antitrust enforcemen… -
✓ Passes · Due process and takings
No fines, seizures, licenses revoked, or property taken by the order itself. It requires remedies only through established enforcement channels: enforcement actions, regulatory proposals subject to Administrative Procedure Act notice and comment, and criminal proceedings including grand jury investigation under Fifth Amendment presentment requirements. Sec. 3(b) mandates implementation consistent …
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