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New York’s Groundbreaking Antitrust Bill Is Back on the Agenda for the New Legislative Session

Posted  January 11, 2022
By Daniel Vitelli

New Yorkers backing a broad revision of the Donnelly Act have hopes that the new legislative session will usher in an antitrust revival in the state.

With the opening of New York’s 2022 legislative session on January 5, an early order of business will be consideration of bills that did not become law during the 2021 session.  One major piece of unfinished business will be tackled with committee consideration of New York’s groundbreaking antitrust bill (S933A), sponsored by Deputy Majority Leader Sen. Michael Gianaris.  If enacted, New York’s Twenty-First Century Antitrust Act would fundamentally reshape antitrust law and enforcement in the Empire State.  Last year, the Senate passed the bill (43-20), but the Assembly did not pass it before the legislative session closed.  This may be the year the bill becomes law.

As Constantine Cannon lawyers have extensively covered, the bill would (1) introduce an “abuse of dominance” antitrust standard; (2) launch a broad premerger review program to protect consumers; and (3) make New York “Antitrust Central,” including by allowing for recovery of expert fees and by giving antitrust plaintiffs a means to avoid federal precedent on two-sided markets.

Constantine Cannon also hosted a webinar featuring Sen. Gianaris and leading antitrust scholars and practitioners, who examined how the bill would change antitrust law and the competitive landscape.

With the start of the new legislative year, this landmark antitrust bill is back in play.  On January 5, the bill was referred to the Senate Consumer Protection Committee.  That committee will meet on January 12, and the New York antitrust bill (S933A) is one of six bills on the agenda.  Stay tuned.

Written by Daniel Vitelli

Edited by Gary J. Malone

Tagged in: Antitrust Enforcement, Antitrust Litigation,