Wyden, Colleagues Press FTC on Anti-Competitive Business Practices That Raise Grocery Prices and Worsen Food Insecurity

Wyden, Colleagues Press FTC on Anti-Competitive Business Practices That Raise Grocery Prices and Worsen Food Insecurity

Washington, D.C. - U.S. Senator Ron Wyden said today he has joined Senate colleagues to demand the Trump administration crack down on anti-competitive restrictive covenants that raise grocery prices and worsen food insecurity in Oregon and nationwide.

"When grocers leave a community, anti-competitive restrictive covenants further cement the harm caused by the initial loss of the store, leaving consumers without ready access to food or more exposed to high food prices with fewer choices to seek better deals," Wyden and the other senators wrote to Federal Trade Commission Chair Andrew Ferguson. "Additionally, when a grocery store closes, communities often lose a neighborhood pharmacy, and anti-competitive restrictive covenants can prolong pharmacy deserts."

Restrictive covenants are legally binding conditions written into property sale, purchase, and lease agreements that can be used to block a competitor's access to a local market. They are particularly prevalent in the grocery industry, allowing grocers to prevent their competitors from opening in their storefronts after they have closed down. This can increase food prices, perpetuate food insecurity, and create food deserts.

"Americans are struggling with rising prices, and anti-competitive corporate lawfare should not be a reason costs stay high," the lawmakers concluded.

The senators requested answers to the following questions no later than May 15, 2026:

1. Does the FTC consider covenants restricting the use of land by competitors an unfair method of competition?

2. Is the FTC able to regulate anti-competitive restrictive covenants through existing authorities?

3. Has the FTC collected data on the use of anti-competitive restrictive covenants? a. If so:

   1. Has the FTC collected data on the impact of anti-competitive restrictive covenants on consumer prices, including food prices?

   2. Has the FTC collected data on the impact of anti-competitive restrictive covenants on consumers' access to food and medicine?

   3. Has the FTC collected data regarding the impact of anti-competitive restrictive covenants by large grocery chains on market share?

   4. Has the FTC collected data on the impacts of anti-restrictive covenants on small businesses?

Wyden has been a champion in the fight against food insecurity. In January 2026, Wyden reintroduced legislation that would ensure Supplemental Nutrition Assistance Program (SNAP) recipients in Oregon and nationwide who also depend on Social Security income are not cut off due to incremental changes to their income. During the 2025 government shutdown, Wyden introduced legislation that would allow grocery stores nationwide to voluntarily offer discounts to SNAP recipients whenever a government shutdown prevents them from getting their full benefits, if they choose to.

The letter was led by U.S. Senator Kirsten Gillibrand, D-N.Y. In addition to Wyden, the letter was signed by U.S. Senators Maria Cantwell, D-Wash., and Cory Booker, D-N.J.

The text of the letter is here.