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New analysis from the American Antitrust Institute (AAI) concludes that the proposed merger of U.S. wireless carriers Sprint and T-Mobile should not survive a first look by the U.S. Department of Justice (DOJ). AAI says the government should move to block the deal to protect competition and consumers.

The AAI marks its 17th Annual Energy Roundtable by gathering experts in antitrust and regulation from government, industry, advocacy, and academia to discuss major competition policy issues involving electricity and energy.

The American Antitrust Institute is now accepting nominations for the AAI 2018 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 14, 2018, following the AAI's annual Private Antitrust Enforcement Conference. The award submission period closes on August 31, 2018.

The American Antitrust Institute (AAI) participated in the third roundtable discussion on antitrust and regulation held by the Antitrust Division of the U.S. Department of Justice (DOJ) today. In comments filed in connection with the roundtable, AAI suggested four principles to guide DOJ’s advocacy in the area of “anticompetitive regulations,” which was the focus of the third session.

The American Antitrust Institute responded to the U.S. Department of Justice’s (DOJ’s) approval of the mega-merger of agricultural biotechnology giants Monsanto and Bayer today, saying farmers and consumers should not bear the burden of a remedy that does anything less than fully restore competition.

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. 

AAI is pleased to announced that articles from its multidisciplinary symposium: Non-Price Effects of Mergers has been published by the Antitrust Bulletin (Vol. 63, No. 2, June 2018). The symposium, held in June 2016, examined the increasing importance of and emphasis on non-price dimensions of competition in merger analysis. This includes the effects of a merger on competition involving product quality, variety, service, innovation, etc. Experts from law, economics, and the business schools convened to offer insights on the nature and prospective role of non-price effects in merger analysis, challenges that they pose for antitrust enforcement, and suggested approaches for highlighting and integrating such analysis into enforcement decisions and competition policy.

Today, AAI issued a letter opposing the SMARTER Act to the Ranking Member of the House Judiciary Committee, Jerry Nadler, and Ranking Member of the House Subcommittee on Regulatory Reform, Commercial and Antitrust Law, David Cicilline. The SMARTER Act proposes “[t]o amend the Clayton Act and the Federal Trade Commission Act to provide that the Federal Trade Commission shall exercise authority with respect to mergers only under the Clayton Act and only in the same procedural manner as the Attorney General exercises such authority.” AAI reviewed workload statistics compiled by the U.S. Department of Justice and Federal Trade Commission to examine whether the premise of the SMARTER Act is sound. The review indicates that the concerns of the bill’s sponsors are without foundation and that the SMARTER Act would not serve the interests of competition or consumers. The letter summarizes AAI’s analysis and findings.

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." The Pennsylvania Continuing Legal Education Board has granted 4.5 CLE credits for this program.  Register today!

AAI is participating in the U.S. Department of Justice (DOJ) series of roundtable discussions on regulation and antitrust law. Two of the three roundtables are complete. The first, held on March 14, 2018, addressed issues related to antitrust immunities and exemptions. The second, held on April 26, 2018, focused on antitrust consent decrees. The third event, scheduled for May 31, 2018, will examine the issue of anticompetitive regulations.