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The American Antitrust Institute (AAI) applauds the Supreme Court’s ruling today in North Carolina State Board of Dental Examiners v. Federal Trade Commission. The AAI had filed a brief supporting the position adopted by the Court.

On February 19, 2015, Federal District Judge Nicholas G. Garaufis of the Eastern District of New York handed down a victory for the Department of Justice, affirming the anticompetitive nature of American Express’s “anti-steering” contract provisions. The court employed a full rule of reason analysis in determining that these provisions, insisted on by American Express in its contracts with merchants, constitute unreasonable restraints of trade in violation of Section 1 of the Sherman Act by “sever[ing] the essential link between the price and sales of network services.” The decision constitutes an important extension of the application and scope of Section 1 to vertical agreements with horizontal effects.

In a letter to the U.S. Department of Justice, the AAI urges the Antitrust Division to seek remedies to the proposed merger of electric utilities Exelon and Pepco.

"A Harsh Report Card on the Merger Enforcement Process," Robert Skitol review of John Kwoka's book Mergers, Merger Control, and Remedies: A Retrospective Analysis of U.S. Policy, appeared in the February 2015 issue of The Antitrust Source.