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.
The American Antitrust Institute 2016 Antitrust Enforcement Awards will recognize achievements in antitrust litigation by legal practitioners and economists. The Awards will be presented at a gala dinner on November 9, 2016 following the AAI's Annual Private Antitrust Enforcement Conference. The award submission period ends on August 26, 2016.
The American Antitrust Institute (AAI) urged the Third Circuit Court of Appeals in an amicus brief to reject a district court’s overly restrictive approach for determining whether a price-fixing claim should reach a jury in a circumstantial evidence case.
Today, the American Antitrust Institute (AAI) released the banking and financial services chapter of its forthcoming Transition Report on Competition Policy to the 45th President of the United States. The chapter is entitled Banking & Financial Services: Globalization, Regulation, and Consolidation in a Troubled Industry. This release is the fifth 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.
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.