On June 21, 2017, the American Antitrust Institute hosted its 18th Annual Conference.
On June 29, 2017, AAI Associate General Counsel Randy Stutz testified at an oversight hearing of the House Judiciary Committee’s Subcommittee on Regulatory Reform, Commercial and Antitrust Law. The hearing, entitled “Recent Trends in International Enforcement,” focused on a recently published report issued by the U.S. Chamber of Commerce. Stutz’s prepared testimony on behalf of the AAI is available here.
Harvard Law School’s Einer Elhauge was presented the Jerry S. Cohen Award for Antitrust Scholarship by Cohen Milstein Sellers & Toll's Dan Small at the American Antitrust Institute's Annual Conference on June 21. The Cohen Award was created through a trust established in honor of the late Jerry S. Cohen, an outstanding trial lawyer and antitrust writer. It is administered by the law firm he founded, Cohen Milstein Sellers & Toll.
The American Antitrust Institute (AAI) presented William J. Baer with the 2017 Alfred E. Kahn Award for Antitrust Achievement during the luncheon program at AAI’s 18th Annual Conference on June 21. Baer recently served as Acting Associate Attorney General and was Assistant Attorney General in charge of the Antitrust Division of the Department of Justice (DOJ). Baer was introduced by Renata B. Hesse, former Acting Assistant Attorney General at the Antitrust Division and partner at Sullivan & Cromwell LLP.
On Tuesday, November 7, 2017, the American Antitrust Institute will host its 11th annual Private Antitrust Enforcement Conference at the National Press Club in Washington D.C.
The American Antitrust Institute (AAI) has filed an amicus brief in the Federal Circuit arguing for a robust fair use defense in computer software markets, where it is particularly needed to promote innovation and competition.
The American Antitrust Institute (AAI) filed an amicus brief in support of the FTC’s monopolization case against Qualcomm. In a filing in the with federal district court in San Jose, California, the AAI agreed with the FTC that Qualcomm’s motion to dismiss the complaint should be denied.
On May 11th, AAI President Diana Moss will moderate a plenary panel at the International Competition Network (ICN) Annual Meeting in Porto, Portugal. Moss's panel is Advocacy Strategy in Traditional and New Markets: Which Differences? Panelists will address challenges in planning and implementing advocacy strategies in "traditional” markets where players, industry features and competition issues are well known to competition agencies, as opposed to new or emerging markets in which competition authorities may struggle to grasp an understanding of the emerging business models and innovations and their impact on the competitive dynamics. The panel will discuss whether novel markets demand novel strategies and, if so, what those strategies are and whether established advocacy methods remain relevant regardless of the market to which they apply.
The DC Circuit Court of Appeals issued a decision today upholding the trial court’s injunction preventing the merger of giant health insurers Anthem and Cigna because it would would be anticompetitive. The American Antitrust Institute (AAI) had joined with numerous consumer groups to file an amicus brief urging the Court of Appeals to affirm the district court decision. The proposed merger would have been the largest in the history of the health insurance industry, combining two of the four national carriers.
For almost three decades, light-handed enforcement of the U.S. antitrust laws tilted the scales toward allowing consolidation and strategic conduct that was thought to enhance “efficiency.” Justifications for this approach ranged from forcing down costs, to promoting quality control and spurring investment in R&D by large deep-pocketed firms. Over-enforcement was the bogeyman of conservative ideology. Too-vigorous application of the laws threatened to stifle the efficiencies that were expected to flow from mergers and restraints on competition.