American Antitrust Institute

11/26/2021

AAI President, Diana L. Moss, writes can the Biden Enforcers Flip Merger Policy? Why Federal Enforcers Should Move to Block More Mergers Rather Than Settling for Remedies

The new Biden antitrust chiefs face a grim competition landscape in the U.S. economy. Legislative proposals to strengthen, clarify, and modernize the antitrust laws will provide needed help from Congress, should bipartisan support for constructive reform emerge. But while political and media attenti...

10/02/2018

AAI to Host 12th annual Private Antitrust Enforcement Conference and 6th annual Antitrust Enforcement Awards Dinner on November 14. Following the conference, AAI will host its 6th annual Antitrust Enforcement Awards Dinner at the Hamilton Live. Registration is now open.

On Wednesday, November 14, 2018, the American Antitrust Institute will host its 12th annual Private Antitrust Enforcement Conference at the National Press Club in Washington D.C. Following the conference, AAI will host its 6th annual Antitrust Enforcement Awards Dinner at the Hamilton Live. Registra...

02/11/2018

The American Antitrust Institute is an independent, nonprofit organization devoted to promoting competition that protects consumers, businesses, and society. We serve the public through research, education, and advocacy on the benefits of competition and the use of antitrust enforcement as a vital c...

09/03/2016

10th Annual Private Enforcement Conference
On Wednesday, November 9, 2016, the American Antitrust Institute will host its 10th Annual Private Antitrust Enforcement Conference at the National Press Club in Washington D.C. Following the conference, the AAI will host its 4th Annual Antitrust Enforcement Awards Dinner at the JW Marriott Hotel.
http://antitrustinstitute.org/10th-private-enforcement-conference

The American Antitrust Institute 2016 Antitrust Enforcement Awards will recognize achievements in antitrust litigation by legal practitioners and economists. The Awards will be presented at a gala dinner on November 9, 2016 following the AAI's Annual Private Antitrust Enforcement Conference. The aw...

04/25/2015

http://antitrustinstitute.org/content/aai-presidents-statement-abandoned-comcast-time-warner-cable-merger

The American Antitrust Institute is an independent 501(c)3 nonprofit education, research, and advocacy organization working to increase the role of competition, assure that competition serves the interests of consumers, and challenge abuses of concentrated economic power in the American and world ec…

09/27/2014

AAI FILES COMMENTS OPPOSING COST-BASED SAFE HARBOR FOR CONDITIONAL PRICING PRACTICES

SEP 25 2014 RICK BRUNELL

The American Antitrust Institute (AAI) filed public comments with the Federal Trade Commission (FTC) following the conditional pricing practices workshop held on June 23, 2014 by the FTC and the Department of Justice.

The AAI has long opposed a cost-based safe harbor for dominant firms’ use of “discounts” linked to market-share requirements, a position that was widely shared by the economists and other experts who spoke at the June workshop. The AAI’s written comments argued that insofar as market-share rebates (also called “loyalty rebates”) or similar conditional pricing practices are used by dominant firms to foreclose competitors or raise rivals’ costs, they should be analyzed like exclusive dealing arrangements and be condemned when they help preserve or extend a dominant firm’s market power, and the exclusionary conditions are not justified by countervailing procompetitive benefits. The comments explain that neither policy nor precedent supports an above-cost safe harbor for conditional pricing practices that induce full or partial exclusivity, whether the price-cost test is of the “traditional” Brooke Group variety or the “discount attribution” type.

AAI’s comments were written by AAI’s General Counsel Rick Brunell, who was a speaker at the workshop.

http://antitrustinstitute.org/content/aai-files-comments-opposing-cost-based-safe-harbor-conditional-pricing-practices

09/27/2014

AAI FILES COMMENTS ENCOURAGING THE FEDERAL ENERGY REGULATORY COMMISSION TO RETAIN FILING REQUIREMENTS FOR GENERATOR MARKET-BASED RATE AUTHORITY
SEP 23 2014 DIANA MOSS TESTIMONY AND INTERVENTIONS
ENERGY

In comments filed today in a FERC Notice of Proposed Rulemaking, the AAI encouraged the Commission to retain certain filing requirements for granting generators market-based rate authority. The Commission has proposed a streamlining of the process but the AAI believes that some proposals could impair oversight of competition in U.S. wholesale power markets. In the comments, the AAI encourages the FERC not to waive the current requirements for market-based rate applicants to: (1) file a market power study; (2) divulge their passive ownership interests; and (3) report acquisitions of generation sites.

http://antitrustinstitute.org/content/aai-files-comments-encouraging-federal-energy-regulatory-commission-retain-filing

The American Antitrust Institute is an education, research, and advocacy organization working to increase the role of competition, assure that competition serves the interests of consumers, and challenge abuses of concentrated economic power in the American and world economy.

01/07/2012

http://antitrustinstitute.org/

Highlights
Bert Foer Profiled in Bloomberg BusinessWeek's Hard Choices Column
1-6-12
Albert Foer on Starting the American Antitrust Institute
The president of the American Antitrust...
Bert Foer's Review of Dan Crane's The Institutional Structure of Antitrust Enforcement and Dan' Crane's Response
12-29-11
AAI President Bert Foer takes Crane to task, particularly on private enforcement issues; AAI Advisory Board Member Dan Crane fires back.
AAI President Bert Foer Profiled in New York Times
12-21-11
In "Finding Success in a Lifelong Passion for Fighting Monopolies" (New York Times, December 21, 2011)...
AAI Statement About AT&T Case
12-19-11
The American Antitrust Institute congratulates the U.S. Department of Justice Antitrust Division and the Federal Communications Commission on bringing to a swift end AT&T's adventurous test of U.S. merger controls. Companies that are planning...
Diana Moss Urges Tougher Landing-Slot Enforcement at Reagan Airport in FTC:Watch
12-18-11
In yet another installment in the saga of domestic airline consolidation, the U.S. Department of Transportation (DOT) has blessed a proposal by Delta and U.S. Airways to swap takeoff and landing slots at two critically congested airports –...
AAI Welcomes Bill Kovacic Back onto Advisory Board
12-12-11
An early member of the AAI Advisory Board, Kovacic resigned to become General Counsel and later Commissioner and then Chairman of the U.S. Federal Trade Commission. He now teaches at George Washington University Law School. He is co-author (with...
Audio and Materials from 5th Annual Future of Private Antitrust Enforcement Conference
12-12-11
Since 2007, this event has served as a vehicle for the antitrust community to come together to network and obtain an updated and comprehensive profile of private enforcement as a business. This year's program covered some of the most current...
AAI Opposes Preemption of State Antitrust Claims in Natural Gas Market (Western States Wholesale Natural Gas Antitrust Litig.)
12-11-11
In an amicus brief filed in the Ninth Circuit Court of Appeals, AAI argued that the district court erred in holding that state antitrust claims alleging price fixing were preempted if the Federal Energy Regulatory Commission (FERC) could regulate...
AAI Working Paper No. 11-10: Optimizing the Deterrence of Cartels
12-9-11
This briefing paper, prepared for World Competition Day, summarizes some current evidence on cartels showing that deterrence is much less than optimal, and proposes five reforms.
Express Scripts Acquisition of Medco Health Solutions: AAI Urges FTC to Seek Injunction
11-30-11
A letter to the FTC drafted by Dan Gustafson and other AAI advisors concludes that the Express Scripts acquisition of Medco Health Solutions will likely cause anticompetitive harm in the provision of PBM services to the large plan sponsors...

The American Antitrust Institute is an independent non-profit organization based in Washington D.C. with a mission to increase the role of competition, assure that competition works in the interests of consumers, and challenge abuses of concentrated economic power in the American and world economy. ...

12/04/2011