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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.

On June 21, the American Antitrust Institute will host its 18th Annual Conference. This year’s event will take up the important topic: The Value of Antitrust. 

The American Antitrust Institute is now accepting nominations for the AAI 2017 Antitrust Enforcement Awards that recognize achievements in antitrust litigation by legal practitioners and economists.  The Awards will be presented at a gala dinner on November 7, 2017, following the AAI's annual Private Antitrust Enforcement Conference. The award submission period closes on July 15, 2017.

AAI President Diana Moss participated in the 2017 Yale Healthcare Conference on the panel Payer Consolidation: Do Patients Benefit? Moss and Harvard Pilgrim Health Care President and CEO Eric H. Schultz debated how consolidation in the health insurance market impacts consumers and whether the Aetna-Humana and Cigna-Anthem mergers would create efficiencies that give patients better products at lower cost. 

Two years have passed since the publication of Northeastern University Professor John Kwoka's book Mergers, Merger Control, and Remedies: A Retrospective Analysis of U.S. Policy. The book has received attention from economists, lawyers, policymakers, and regulators, including critique and criticism from the Federal Trade Commission (FTC). Kwoka recently issued a response to the FTC critique in Mergers, Merger Control, and Remedies: A Response to the FTC Critique.

AAI President Diana Moss unpacks the mergers of Dow-DuPont and Monsanto-Bayer in the U.S. and what they mean for innovation competition for the blog Truth on the Market.