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Antitrust Today

Court Green Lights Ohio AG’s Case to Declare Google a “Common Carrier”

Posted  06/2/22
By J. Wyatt Fore
Google Website on Laptop
Is Google Search a “common carrier” under Ohio law that is barred from prioritizing Google’s own products? Under a state court ruling last week, the answer to that question has gotten closer to yes. Ohio Attorney General Dave Yost (R) is suing to restrain Google from prioritizing Google products in its search engine results.  If successful, the lawsuit—which has now survived a motion to dismiss—could...

U.S. Adoption of a Central Bank Digital Currency Could Revitalize Payments Markets With Competition

Posted  06/1/22
By Owen Glist, Kristian Soltes
Various Digital Currencies
The ailing U.S. payments markets could get a shot of much-needed competition if the U.S. government follows through on proposals to adopt a Central Bank Digital Currency (“CBDC”)—which would be issued by the Federal Reserve. The competitive failings of U.S. payments markets were highlighted a few weeks ago at a Senate Judiciary Committee hearing on interchange or “swipe fees,” the fees that merchants pay...

New York State Senate Passes Groundbreaking Antitrust Bill

Posted  05/26/22
By Daniel Vitelli
The New York State Senate pushed the state’s groundbreaking antitrust bill a little bit closer to becoming a trailblazing law yesterday when it passed the proposed “Twenty-First Century Anti-Trust Act.” On May 25, 2022, just days before the scheduled close of the legislative session, the State Senate passed the bill, S933C, by a vote of 36 to 25. The bill now heads to the New York State Assembly.  It must...

Pass-on Defences and Indirect Claims: Will UK Courts Apply the Same Antitrust Sauce to the Goose as to the Gander?

Posted  05/24/22
How the UK is sorting out the rights of direct and indirect purchasers to claim damages for anti-competitive conduct. By Richard Pike It is well-established in economic literature that anti-competitive conduct may increase prices not only for direct purchasers but also for indirect purchasers. As UK courts are now demonstrating, however, determining who should be allowed to recover, and what each party must...

Antitrust Matters Episode 6: The NCAA

Posted  05/23/22
Antitrust Matters provides engaging and timely conversations about competition policy in the digital age. Antitrust has always mattered to consumers and businesses, and to antitrust lawyers and economists, but today it also is in the political and public discourse more than ever. From the prices we pay for food, travel, financial services, payments to the way we interact daily using digital apps and platforms,...

New York Senate Amends Groundbreaking Antitrust Bill

Posted  05/19/22
By Daniel Vitelli

New York's Groundbreaking Antitrust Bill: An Overview

With the New York State legislative session scheduled to adjourn in a few weeks, the State Senate this week returned to work on New York’s groundbreaking antitrust bill. On May 16 (S933B), and again on May 17 (S933C), the Senate amended New York’s proposed “Twenty-First Century Anti-Trust Act” (S933), the trailblazing legislation that would reshape the...

The Antitrust Week In Review

Posted  05/17/22
Here are some of the developments in antitrust news this past week that we found interesting and are following.   New Majority Gives F.T.C. a Chance to Push an Aggressive Agenda.  The confirmation of a third Democrat to the Federal Trade Commission broke a partisan deadlock at the agency. That’s good news for Lina Khan, the agency’s chair and a Democrat. It is also a test. With the F.T.C.’s new Democratic...

The Antitrust Week In Review

Posted  05/12/22
Here are some of the developments in antitrust news this past week that we found interesting and are following. U.S. Senate committee passes antitrust bill pressuring OPEC.  A U.S. Senate committee passed a bill that could expose the Organization of the Petroleum Exporting Countries and partners to lawsuits for collusion on boosting crude oil prices. The No Oil Producing or Exporting Cartels (NOPEC) bill sponsored...

The Sherman Act Protects Competitors, the Ninth Circuit Reminds in Real Estate Case

Posted  05/10/22
By Harrison McAvoy A recent decision from the United States Court of Appeals for the Ninth Circuit points out that the antitrust laws’ protections extend not just to end consumers, but to any person or business in a supply chain, and provides guidance to litigants on standards for pleading a per se group boycott under Section 1 of the Sherman Act. In PLS.com v. National Association of Realtors, the Ninth...
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