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Today, AAI issued the white paper "Revisiting Antitrust Immunity for International Airline Alliances." The paper makes the case for why the U.S. Department of Transportation (DOT) should revisit its policy surrounding grants of antitrust immunity for the international airline alliances. It describes the implications of immunized alliances for domestic competition and consumers, particularly in light of a decade of consolidation among U.S. alliance carriers.

On Thursday June 21, 2018, the American Antitrust Institute will host its 19th Annual Conference “Antitrust at a Crossroads: Plotting the Policy Course for the Next Decade.” Experts from law, economics, and policy will offer insight via four panels:

In a letter to the U.S. Department of Justice, the American Antitrust Institute (AAI) called on the agency to block the proposed merger of retail pharmacy and PBM giant CVS and Big 5 health insurer Aetna. CVS-Aetna would pair up the largest retail pharmacy chain and one of the two largest PBMs with the third largest health insurer in the U.S. The proposed merger raises a number of questions for competition and consumers. The AAI letter focuses on the merger’s potential to enhance the incentive of CVS-Aetna to exclude rivals and facilitate anticompetitive coordination among health insurers served by PBM CVS-Caremark. CVS and Aetna already wield significant market power in the retail pharmacy, PBM, and health insurance markets. High concentration in these markets exacerbates competitive concerns. Market idiosyncrasies heighten the proposed merger’s potentially anticompetitive effects. These include the role of health insurers in paying for most prescriptions filled and of PBMs in managing the flow of prescription drugs to millions of Americans, and PBM markets that lack important transparency.

The American Antitrust Institute welcomes Kimberly A. Justice to its Advisory Board.

The American Antitrust Institute (AAI) filed an amicus brief asking the U.S. Supreme Court to deny “public entities” a special right to an immediate, automatic appeal whenever they lose a motion claiming they are exempt from Sherman Act liability under the state-action doctrine.  AAI argues that allowing an automatic appeal would significantly burden antitrust plaintiffs and the judicial system and is not warranted under the law.

Competition authorities around the world are grappling with one of the largest mergers in history – the combination of agricultural biotechnology giants Monsanto and Bayer. This mammoth deal, now in a state of suspended enforcement animation at many enforcement agencies around the world, would reduce the number of large agricultural biotech firms from five to four, and create the largest player in the markets for genetic crop traits, seeds, and agrochemicals.

On Wednesday, November 14, 2018, the American Antitrust Institute will host its 12th annual Private Antitrust Enforcement Conference at the National Press Club in Washington D.C. Following the conference, the AAI will host its 6th annual Antitrust Enforcement Awards Dinner at the Hamilton Live.

The outcome of the proposed Monsanto-Bayer merger in the U.S., Europe, and other competition jurisdictions will indelibly shape the future of competition in the agricultural biotechnology industry. AAI has advocated for vigorous antitrust enforcement in this sector for over a decade. Below is a selected compendium of AAI’s economic, legal, institutional, and policy analysis on mergers and other antitrust issues in agricultural biotechnology. They range across all areas of antitrust enforcement — mergers, exclusionary conduct, and agreements. This body of work highlights, among other key issues, the plight of farmers and consumers; innovation and the strong linkage between competition and intellectual property law; food security, and the competitive importance of farming data. 

On Thursday, March 22, the American Antitrust Institute (AAI) will host an industry roundtable, Applying the Antitrust Laws to Digital Platforms. Digital platforms encompass ecosystems for providing multiple and linked services. They allow networks of participants to connect, interact, and create and share the value from a variety of online activities. Platforms can be centered on advertising, e-commerce, digital goods, and more.