Antitrust Law Source

Jay L. Levine

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Jay Levine is a partner in the firm’s Washington, D.C. Litigation Department. His practice is concentrated in complex litigation and counseling and he is co-chair of the firm’s Antitrust and Consumer Protection Practice Group. He is also the managing editor of the firm’s innovative Antitrust Law Source blog and host of its podcast, as well editor of the firm’s Food And Agriculture Quarterly.

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Capper Volstead: Past, present and future – Part 3

By Jay L. Levine and Don Barnes on Categories: ABC's of Antitrust, Agriculture, Legislative
In Part 3 of their Capper Volstead series, Jay Levine and Don Barnes discuss other statutes that exempt agricultural cooperatives from antitrust liability and delve into the historical and present relationship that USDA and DOJ have with the Capper Volstead Act.   Read a transcript of the episode here. Find Jay on Twitter and LinkedIn or contact him at jlevine@porterwright.com. Listen wherever you listen to … Continue Reading

Capper Volstead: Past, present and future – Part 1

By Jay L. Levine and Don Barnes on Categories: ABC's of Antitrust, Agriculture
In a belated tribute to Capper Volstead’s 100th anniversary, Jay Levine talks with his legal partner Don Barnes, one of the deans of the agricultural bar and an authority on Capper Volstead. In Part 1 of their discussion, they review the origins of Capper Volstead and how the legal landscape for agricultural producers has changed … Continue Reading

FTC starts 2023 with a bang

By Jay L. Levine on Categories: ABC's of Antitrust
Picking up where they left off, the FTC has wasted no time in the new year and already proposed to effectively ban all employment non-compete clauses. The proposed rule would make future non-competes unlawful and nullify any existing agreements. In our latest podcast, Jay explains how this proposal fits in with the administration’s attempt to … Continue Reading

Government is cracking down on antitrust issues in labor markets

By Jay L. Levine on Categories: ABC's of Antitrust, Criminal Government Enforcement
Antitrust enforcement is heating up when it comes to issues affecting the labor market and workers’ ability to sell their services to the highest bidder. Though the movement began in 2016, the Biden administration is claiming that certain agreements between employers that affect workers’ mobility and compensation can be prosecuted criminally.… Continue Reading

Has Axon dealt another blow to FTC authority?

By Jay L. Levine and Porter Wright on Categories: Mergers & Acquisitions
Last year, the Supreme Court unanimously ruled that the Federal Trade Commission (FTC) is not authorized to impose civil penalties on parties who violate the FTC Act unless the party is violating a previous cease and order. The ruling took away a major enforcement tool. Now, Axon Enterprises is seeking to attack the entire structure … Continue Reading

New Brandeisians push further: Proposed antitrust legislation reflects broad remedial purpose of antitrust laws

By Jay L. Levine and Porter Wright on Categories: Antitrust Revolution, Legislative
Our last article, New Brandeisians keep their promise, discussed the contents of Sen. Amy Klobuchar’s (D-MN) proposed overarching antitrust legislation, Competition and Antitrust Law Enforcement Reform Act (CALERA). Now, we’d like to take a step back and focus on the arguments supporting and opposing such reform, and in particular the precise manner in which the … Continue Reading

The antitrust revolution: New Brandeisians keep their promise

By Jay L. Levine on Categories: Antitrust Revolution
In part three of their series, “The Antitrust Revolution,” host Jay Levine and fellow attorney Carrie Garrison explain what New Brandeisians are trying to achieve and why they believe that the antitrust laws need fixing. In particular, they discuss Sen. Amy Klobuchar’s (D-MN) proposed “Competition and Antitrust Law Enforcement Reform Act” and how it fits … Continue Reading

The antitrust revolution: The Chicago School and antitrust enforcement from 1990s to the present

By Jay L. Levine and Porter Wright on Categories: Antitrust Revolution
In part two of their series “The Antitrust Revolution,” host Jay Levine and guest Carrie Garrison discuss the evolution of antitrust in the decades leading up to the present. They explain, in plain words, the prevailing economic theory that governed antitrust enforcement and why those principles are now coming under attack. They also discuss the … Continue Reading

The antitrust revolution: The evolution of antitrust

By Jay L. Levine and Porter Wright on Categories: ABC's of Antitrust, Antitrust Revolution
An antitrust revolution is definitely underway. But to understand where we may be going, you must first understand where we have been. In this podcast, Jay is joined by attorney Carrie Garrison. They will guide you through the evolution of antitrust law, from its inception to the present, and provide you the tools to better … Continue Reading

New Brandeisians keep their promise: New antitrust legislation reflects movement in role of antitrust laws

By Jay L. Levine and Porter Wright on Categories: Antitrust Revolution, Consumer Protection
Probably never before has there been introduced in Congress so many bills relating to antitrust.  At last count, over 25 different pieces of antitrust legislation have been introduced just this year, covering antitrust in general and distinct industries in particular, including pharmaceuticals, sports, news and oil. And more have been promised. While some proposed laws … Continue Reading

Breaking down the NCAA v. Alston SCOTUS decision

By Jay L. Levine and Luke Fedlam on Categories: Sports
The sports and antitrust worlds eagerly awaited the U.S. Supreme Court’s decision in NCAA v. Alston, a case challenging to the NCAA’s right to limit compensation paid to student-athletes. On Monday, June 21, the Supreme Court upheld the decisions by the lower courts, which found in favor of student-athletes and forbade the NCAA or the … Continue Reading

1990s to the present: The Chicago School and antitrust enforcement

By Jay L. Levine and Porter Wright on Categories: Antitrust Revolution, Consumer Protection
There is no question that antitrust policy, at any time, is highly influenced by the prevailing economic thinking. Equally unquestionable is the fact that economic thinking is highly influenced by one’s political philosophy. With these principles established, the current debate over the purpose of the antitrust laws, and thus the standards they ought to employ, … Continue Reading

The antitrust revolution is coming? The antitrust revolution is here?

By Jay L. Levine and Porter Wright on Categories: Antitrust Revolution, Consumer Protection
Borrowing from the immortal words of Paul Revere, the title consciously evokes images of a battle, though fought with words and ideas and (hopefully) not muskets and bayonets. The proper objectives of the antitrust laws and the appropriate level of antitrust enforcement has been discussed in mainstream media more over the last decade than perhaps … Continue Reading

Antitrust as antidote? Historical overview of antitrust law

By Jay L. Levine and Porter Wright on Categories: Antitrust Revolution, Consumer Protection, Legislative, Mergers & Acquisitions
An antitrust revolution is upon us. Numerous pundits and political leaders blame many of today’s societal and economic ills on what they claim is the increasing concentration of economic power in the hands of a few. Perceived lax antitrust enforcement and permissive antitrust laws, many claim, is the cause of that. Indeed, President Joe Biden … Continue Reading

Supreme Court clips FTC’s wings

By Jay L. Levine on Categories: Legislative
In a significant decision handed down last Thursday, April 22, 2021, the U.S. Supreme Court ruled that the Federal Trade Commission (FTC) cannot, in the first instance, seek monetary remedies in federal court. Rather, it must first obtain a cease and desist order and, only after a violation of that order, can it seek penalties … Continue Reading

Reevaluating your supply chain: How the new American-made product qualifications rule may impact your business

By Jay L. Levine on Categories: Consumer Protection, Retail
Two recent actions aimed at maximizing domestically-produced goods, products, materials and services may have significant impact on contractors and supply chains. In January 2021, the Federal Acquisition Regulation (FAR) Council published a final rule “Maximizing Use of American-Made Goods, Products, and Materials” that amended the requirements for products to be classified as American-made under the Buy … Continue Reading

Paycheck Protection Program loan necessity questionnaire

By Jay L. Levine on Categories: COVID-19
Borrowers of Paycheck Protection Program (PPP) loans – together with their affiliates – who have loans in excess of $2 million and seek loan forgiveness will potentially need to complete necessity questionnaires according to the Small Business Administration. There are separate forms for for-profit and non-profit businesses and will likely affect 52,000 borrowers. My colleagues … Continue Reading
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