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The American Antitrust Institute (AAI) joined with other consumer groups in an amicus brief in support of the appeal brought by the Department of Justice (DOJ) to undo the merger between AT&T and Time Warner. 

In an open letter to AAI, Daniel Ducore, former Assistant Director for the FTC’s Bureau of Competition, unpacks the remedy in the recent merger of agricultural biotechnology giants Bayer and Monsanto. In May of 2018, the U.S. Department of Justice (DOJ) Antitrust Division announced its settlement with agricultural biotechnology firms Bayer AG and Monsanto Company. The settlement resolved its objections to that merger with a proposed, broadly drafted divestiture of most of Monsanto’s crop protection businesses to BASF SE. 

Today, AAI released “The Evolving Antitrust Treatment of Labor-Market Restraints: From Theory to Practice,” a new white paper addressing the role of antitrust law in protecting workers.  With mounting macroeconomic evidence of increased concentration and higher markups, and large firms occupying several important, “winner- takes-most” markets, the threats posed by powerful buyers in the economy have become more pronounced. In particular, experts and enforcers have been paying closer attention to the effects of market power and excessive bargaining leverage on the buyer side of the labor market, which implicates competition among employers to hire and retain workers.

AAI filed comments today with the Federal Energy Regulatory Commission it its Notice of Inquiry regarding natural gas pipeline certification policy. The comments highlight the adverse implications of the Commission’s current policy of accepting “affiliate precedent contracts” as evidence of need to justify new pipeline construction. AAI’s comments note that the Commission’s current policy can facilitate "regulatory evasion,” which can harm competition and consumers. Read AAI’s comments here.

An American Antitrust Institute analysis of Supreme Court nominee Brett M. Kavanaugh's opinions suggests his confirmation would almost certainly weaken the antitrust laws and the ability of the government and private plaintiffs to enforce them. Based on Judge Kavanaugh’s sparse but conspicuous record in antitrust cases, AAI believes his nomination represents a serious setback for antitrust enforcement.  Therefore, AAI opposes Judge Kavanaugh’s nomination to the Supreme Court.