Media Corner

The American Antitrust Institute (AAI) has issued a new white paper discussing the role of federal antitrust law in an ongoing reform movement aimed at reducing burdens created by state occupational licensing laws. The white paper is titled State Occupational Licensing Reform and the Federal Antitrust Laws: Making Sense of the Post-Dental Examiners Landscape.

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, the Chairman of the American Antitrust Institute (AAI) Board of Directors, Pamela Gilbert, announced the addition of W. Joseph Bruckner to the Board. “Joe’s decades of leadership in the antitrust bar and his thoughtful and collaborative approach to decision-making will be tremendous assets to AAI,” said Gilbert. “We are thrilled to have him join our Board.”

On June 29, 2017, AAI Associate General Counsel Randy Stutz testified at an oversight hearing of the House Judiciary Committee’s Subcommittee on Regulatory Reform, Commercial and Antitrust Law. The hearing, entitled “Recent Trends in International Enforcement,” focused on a recently published report issued by the U.S. Chamber of Commerce.  Stutz’s prepared testimony on behalf of the AAI is available here.

Harvard Law School’s Einer Elhauge was presented the Jerry S. Cohen Award for Antitrust Scholarship by Cohen Milstein Sellers & Toll's Dan Small at the American Antitrust Institute's Annual Conference on June 21. The Cohen Award was created through a trust established in honor of the late Jerry S. Cohen, an outstanding trial lawyer and antitrust writer. It is administered by the law firm he founded, Cohen Milstein Sellers & Toll.

The American Antitrust Institute (AAI) presented William J. Baer with the 2017 Alfred E. Kahn Award for Antitrust Achievement  during the luncheon program at AAI’s 18th Annual Conference on June 21. Baer recently served as Acting Associate Attorney General and was Assistant Attorney General in charge of the Antitrust Division of the Department of Justice (DOJ). Baer was introduced by Renata B. Hesse, former Acting Assistant Attorney General at the Antitrust Division and partner at Sullivan & Cromwell LLP. 

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 Tuesday, January 31, 2017, President Trump nominated Neil Gorsuch from the 10th Circuit Court of Appeals to fill the vacancy on the U.S. Supreme Court. AAI President Diana Moss said, “AAI will continue to review Judge Gorsuch’s record and press the Senate to ensure any Supreme Court nominee is committed to enforcement of the antitrust laws. Such enforcement should be consistent with congressional intent throughout the past many decades, thereby ensuring the robust continuation of free and competitive markets.”