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In an amicus brief filed in the Third Circuit Court of Appeals, the American Antitrust Institute (AAI) has asked the full court to overturn a panel decision. The decision raises the burden on plaintiffs to defeat summary judgment when they rely on circumstantial evidence to prove a price-fixing conspiracy. AAI previously filed an amicus brief with the panel urging a less restrictive approach. 

The American Antitrust Institute welcomes to its Advisory Board Caroline Holland, a Tech Policy Fellow at the Mozilla Foundation, and welcomes back Anant Raut, a Visiting Fellow at Public Knowledge.

Senator Amy Klobuchar, the Ranking Member on the Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights, will deliver the keynote address at AAI's 11th annual Private Antitrust Enforcement Conference on Tuesday, November 7th. 

Today, AAI President Diana Moss joined House Judiciary Committee Democrats and the Congressional Progressive Caucus for a briefing on the effects of concentrated economic power on the economy and working Americans.

On December 7th, the American Antitrust Institute will host its third annual Airline Roundtable. Experts in antitrust and regulation from government, industry, advocacy, and academia will discuss major competition issues facing the airline industry and consumers of air travel. Recent antitrust and regulatory events in the airline industry make this an especially timely program, including: developments in opening domestic aviation markets to international competition; market entry issues surrounding airport infrastructure and access; and public and private enforcement regarding potentially anticompetitive agreements. 

On December 7th, the AAI hosted its 3rd annual Airline Roundtable: Broadening the Lens on Airline Competition.

Today AAI, FWW, and NFU sent a joint letter to the U.S. Department of Justice regarding the proposed merger of Monsanto and Bayer. The joint letter is an addendum to a letter submitted by the three organizations on July 26th. It discusses the merger’s potential to enhance the ability and incentive for Monsanto and Bayer to integrate traits, seeds, and chemicals into proprietary systems or platforms that are closed to competition. The companies’ combined digital farming capabilities will likely facilitate such integration. Together with strengthened incentives for the appropriation and strategic competitive use of vast stores of farm data, these merger- related concerns have potentially adverse implications for competition, farmers, and consumers. 

In a decision released today, a panel of the Third Circuit Court of Appeals upheld summary judgment for the defendant and raised the burden on plaintiffs relying on circumstantial evidence to prove a price-fixing conspiracy.   A dissenting judge agreed with, and cited to, an amicus brief submitted by the American Antitrust Institute (AAI) that supported a less restrictive approach to evaluating circumstantial evidence of price fixing in oligopoly markets.

Diana Moss joined the Roosevelt Institute and the George Washington University Institute of Public Policy for a discussion regarding burgeoning areas in the antitrust debate. Moss's panel, Workers and Antitrust, debated antitrust and market power in the labor market.  

In an amicus brief filed in the Eleventh Circuit Court of Appeals, the American Antitrust Institute (AAI) urged the court to reject the district court’s overly restrictive approach for allowing a price-fixing claim to reach a jury when the claim is based on an invitation to collude made during an investor earnings call.