The U.S. Department of Justice (DOJ) took critical, needed steps this week to address three anticompetitive mega-mergers. “The DOJ’s actions signal enforcement that takes seriously the importance of protecting consumers by promoting competition, innovation, and market entry,” said AAI President and economist Diana Moss. “The Antitrust Division has fulfilled its important role as 'referee' in the markets.”
In a recent decision, the District of Columbia Court of Appeals rejected a challenge to an important reform adopted by the Federal Regulatory Energy Commission (FERC) to promote competition in transmission development. The court also narrowed the scope of the Mobile-Sierra doctrine, which limits FERC’s ability to reject regulated utilities’ negotiated agreements. Oklahoma Gas & Elec. Co. v. FERC, No. 14-1281, 2016 WL 3568086 (D.C. Cir. July 1, 2016). The decision is available here.
Today, the American Antitrust Institute (AAI) released the entrepreneurship and innovation chapter of its forthcoming Transition Report on Competition Policy to the 45th President of the United States. The chapter is entitled Entrepreneurship, Innovation, and Antitrust. This release is the fourth in a series of previews in which the AAI will make select chapters of the transition report available for download in advance of the November election.
As part of its Report on Antitrust and Entrepreneurship, the American Antitrust Institute today released two new papers.
The American Antitrust Institute (AAI) filed an amicus brief in the Fifth Circuit Court of Appeals urging the court to dismiss an appeal of a lower court ruling denying state action “immunity” to the Texas Medical Board in connection with an antitrust challenge to the Board’s rules limiting telemedicine in Texas. If the court does not dismiss the appeal, AAI's brief offers guidance on how the “clear articulation” and “active supervision” prongs of the state action defense should be applied to regulatory boards controlled by market participants in light of the Supreme Court’s recent decision in North Carolina State Board of Dental Examiners.