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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.

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 welcomes law professors Amedeo Arena and John Newman to its Advisory Board.

On Thursday June 21, 2018, the American Antitrust Institute hosted its 19th Annual Conference “Antitrust at a Crossroads: Plotting the Policy Course for the Next Decade.” Experts from law, economics, and policy offered insight via four panels: The conference included a gala luncheon featuring a keynote address by Assistant Attorney General Makan Delrahim. The 2018 AAI Antitrust Achievement Award was presented to Senator Amy Klobuchar. The Jerry S. Cohen Award for Antitrust Scholarship was also presented at the luncheon.  This program was made possible by support from our 2018 Sponsors.

The American Antitrust Institute sharply criticized the Supreme Court’s 5-4 decision rejecting a district court holding that American Express had violated the Sherman Act by preventing merchants from offering benefits to consumers to use cheaper, non-Amex credit cards.

The American Antitrust Institute (AAI) presented Senator Amy Klobuchar with the 2018 Alfred E. Kahn Award for Antitrust Achievement at AAI’s 19th Annual Conference today. Senator Klobuchar is the Ranking Member on the Senate Subcommittee on Antitrust, Competition Policy and Consumer Rights.