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The American Antitrust Institute (AAI) filed comments today in response to a request by the Antitrust Division (DOJ) and the Federal Trade Commission (FTC) for public comment on the agencies’ proposed update of the DOJ/FTC Antitrust Guidelines for the Licensing of Intellectual Property.

AAI President Diana Moss testified at the Senate Judiciary Committee hearing on consolidation in the U.S. seed and agrochemical industry on September 20, 2016. Dr. Moss’s testimony reflects the AAI's long history of research, education, and advocacy on competition in agriculture and food. 

AAI President Diana Moss spoke recently at two separate events on airline and healthcare competition.

AAI’s Associate General Counsel Randy Stutz recently spoke at the 9th Seoul International Competition Forum in Seoul, Korea. The Seoul International Competition Forum is a biannual, global conference sponsored by the Korea Fair Trade Competition. Top government officials, competition experts from international organizations, and practitioners, academics, and others convened to discuss diverse subjects relating to competition law and policy.  Stutz participated in the morning panel on aftermarkets and delivered remarks on Effective Policing of Aftermarket Restraints Involving Intellectual Property.  

Public debate over the pricing of important drugs is gaining traction in the wake of the EpiPen controversy. The AAI has collected resources here on key competition issues surrounding branded and generic drugs. Mergers of branded and generic drug companies and strategic anticompetitive conduct by pharmaceutical companies can affect drug prices, choices, and innovation in these important markets, with direct and significant effects on consumers.

AAI’s resources on pharmaceutical competition range from a documentary film on generic drug manufacturer Mylan’s past conduct involving an anti-anxiety drug to analysis supporting opposition to the recently approved Teva-Allergan merger. Also included are certain AAI amicus briefs filed in federal court cases that unpack key issues surrounding the use of patent rights to shape and control competition. This legal-economic analysis covers strategic attempts to delay the entry of generic drugs (“pay-for-delay”) and to move consumers from older-generation drugs coming off patent to next generation branded drugs (“product-hopping”).

AAI President Diana Moss spoke in August at the 2016 annual conventions for the Organization for Competitive Markets and R-Calf USA. Her remarks highlighted growing concerns about declining competition in the United States, trends in antitrust enforcement during the Bush and Obama administrations, lower-than-average enforcement activity in the food and agriculture sectors, and major issues to watch.  The AAI will be issuing a chapter on food and agriculture as part of its Transition Report to the 45th President of the United States.

The American Antitrust Institute welcomes four new members to its Advisory Board: Rachel Brandenburger, international antitrust and competition law and policy advisor; Daryl Lim of the John Marshall Law School; Dan O'Connor of the Computer & Communications Industry Association; and Melissa Schilling of New York University’s Stern School of Business.

AAI Director Roberta ("Bobbi") Liebenberg was honored with the 2016 Margaret Brent Women Lawyers of Achievement Award on August 7th at the American Bar Association (ABA) annual meeting in San Francisco. The award is given by the ABA Commission on Women in the Profession, and is the highest honor bestowed on women attorneys by the ABA. Liebenberg is a senior partner at Fine, Kaplan and Black, R.P.C. in Philadelphia.

As part of its Report on Antitrust and Entrepreneurship, the American Antitrust Institute today released a sixth paper and comment. In “Boundedly Rational Entrepreneurs and Antitrust,” Avishalom Tor, Notre Dame Law School, explains that “boundedly rational” entrepreneurs may engage in entrepreneurial activity where rational entrepreneurs would not. His analysis sheds new light on the dynamics of competition among entrepreneurs and on its implications for policy and antitrust law. The comment is provided by Michal Gal, University of Haifa.

As part of its Report on Antitrust and Entrepreneurship, the American Antitrust Institute today released another paper.  In “The View from the Shop - Antitrust and the Decline of America’s Independent Businesses,” Stacey Mitchell of the Institute for Local Self-Reliance explains how small businesses have declined in numbers and share across many sectors of the economy, in part because of anticompetitive behavior by dominant firms. She discusses reasons to bring a commitment to small businesses and fair markets back into antitrust policy.