Congressional Briefing on Antitrust Enforcement: What If? Consequences of Proposed Antitrust Legislation
Experts will discuss the consequences of current proposals, including how they would play out from an enforcement perspective, and why certain proposals are an affront to the rule of law.
Biden's Executive Order on Competition: A Discussion
On July 9, President Biden signed the Executive Order on Promoting Competition in the American Economy, which is perhaps the most sweeping executive order in several decades, and will drastically expand the power of the federal government. The E.O. contains 72 specific actions that will impact not only tech companies, but also financial institutions, internet service providers, pharmaceutical companies, railways, airlines, biopharmaceutical innovators, drug prices, patent owners, and much more.
Our panel of antitrust experts discuss the underlying justifications for the order, the possible effects, and the implications for consumers, businesses, and regulatory agencies.
The Common Purposes of Intellectual Property and Antitrust
Although the compatibility of intellectual property (IP) and antitrust has been widely recognized by Congress and the Supreme Court, recent discussions of monopolies in digital markets often presents IP rights and antitrust laws as conceptually incompatible concepts. The nexus between property rights and competition is complex, but ultimately IP and antitrust share common goals of increasing market output, value, and competition. Guided by the consumer welfare standard, modern antitrust law rejects the notion that mere possession of a patent or copyright constitutes possession of anticompetitive market power and makes clear that applying for or enforcing these rights does not establish exclusionary conduct. And while patents and other forms of IP are frequently described as incentives to innovate, their disruptive, anti-monopoly effects are often overlooked. Our panel of experts discuss the nexus between patents, copyright, and competition as well as recent developments at the interface of IP and antitrust law.
Antitrust, Big Tech, and Why Conservatives Should Tread Carefully
I had the chance to sit down and speak with Ashley Baker, an expert in antitrust. We discussed antitrust and big tech, and how conservatives should fight back against tech.
Antitrust and Big Tech: Does New Technology Call for New Rules?
Recently, Senator Amy Klobuchar (D-MN) introduced a bill that would overhaul the past forty-five years of antitrust law by rewriting legal standards, changing guidelines for mergers, and expanding the government’s civil penalty authority. Additionally, the House Judiciary Committee conducted its own investigation and released a report on competition in the digital market.
Is Big Tech Too Big? A Conversation on Tech, Antitrust, and Whether Its Time to Break Up the Giants
The Cornell Federalist Society and the Adam Smith Society host Ashley Baker, Director of Public Policy at the Committee for Justice, and Joseph Malchow, founder of Publir and venture investor. Ashley and Joe discuss legislative proposals and weigh in on current debates over the proper scope and purpose of federal antitrust law.
The Conservative Case Against Weaponizing Antitrust Law
Today, the consumer welfare standard remains one of the greatest success stories of the conservative legal movement. However, recent sentiments within both parties have attracted proposals that would mark a return to highly-interventionist, pre-1970s jurisprudence in which the “sole consistency,” as Justice Potter Stewart famously said, “is that the government always wins.” Our panel of experts discuss these proposals, their implications, and the best path forward for conservatives.
Event Video: The Antitrust Cases Against Facebook: Examining the Lawsuits and Implications
Our panel of experts discuss the antitrust lawsuits against Facebook, the merger review process and FTC enforcement, and assess the implications for consumers, companies, and the law.
Virtual Panel Discussion: New Technologies, Same Principles: The Conservative Case Against Weaponizing Antitrust Law
During the 1986 Supreme Court confirmation hearings for then-Judge Antonin Scalia, he was asked about his views on antitrust. “In law school, I never understood [antitrust law],” Scalia explained, “I later found out, in reading the writings of those who now do understand it, that I should not have understood it because it did not make any sense then.” This much-needed coherency in antitrust law was brought about by the adoption of the consumer welfare standard. The intersection of economic analysis and the law provided a neutral underlying principle that allowed conservatives to reign in a broad, unprincipled area of the law that was once used as a political and socioeconomic tool.
Today, this remains one of the greatest success stories of the conservative legal movement. However, recent sentiments within both parties have attracted proposals that would mark a return to highly-interventionist, pre-1970s jurisprudence in which the “sole consistency,” as Justice Potter Stewart famously said, “is that the government always wins.” Our panel of experts will discuss these proposals, their implications, and the best path forward for conservatives.
Virtual Panel Discussion: The Antitrust Cases Against Facebook: Examining the Lawsuits and Implications
Last week, the Federal Trade Commission (FTC) and a coalition of 48 state attorneys general filed two separate lawsuits against Facebook. The complaints argued that the company maintained a monopoly position in the “personal social media networking” market through a series of acquisitions over the past decade intended to buy up potential rivals and by imposing restrictive policies to hinder companies that present competitive threats. Both suits call for the divestiture of Instagram and WhatsApp, along with other proposed remedies. Our panel of experts will discuss the lawsuits, the merger review process and FTC enforcement, and assess the implications for consumers, companies, and the law.
Event Video: State Antitrust Laws and Enforcement by Attorneys General
On Friday, November 20, pur panel of experts will discuss antitrust federalism, the complexities of state enforcement actions, and how state antitrust law can differ from federal law (and why that’s potentially a problem). We will also delve into the current investigations as well as one of the last major multi-state antitrust actions, Ohio v. American Express. Register to Attend
Virtual Panel Discussion: State Antitrust Laws and Enforcement by Attorneys General
On Friday, November 20, pur panel of experts will discuss antitrust federalism, the complexities of state enforcement actions, and how state antitrust law can differ from federal law (and why that’s potentially a problem). We will also delve into the current investigations as well as one of the last major multi-state antitrust actions, Ohio v. American Express. Register to Attend