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Antitrust as antidote? Historical overview of antitrust law

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 has placed antitrust enforcement at the forefront of his administration and aims to use antitrust enforcement to remedy social inequities and restore democratic ideals.…

Ohio’s COVID-19 qualified immunity legislation

COVID-19 has spurred all sorts of legislation. In this episode, Jay discusses some examples of COVID-19-related legislation with John Carney, Chair of Porter Wright’s Health Care Practice and former three-term Ohio state representative. The discussion includes Ohio’s recently-enacted qualified immunity legislation (HB 606) as well as some thoughts about future laws that may be on the horizon on the federal level.…

2016 antitrust developments: Foreshadowing 2017?

It’s that time of year again, when we reflect on what happened during the prior year and prepare for another one. Let’s take a moment to look at some trending antitrust topics from 2016, and take a stab at what we believe will be some of the hottest trending topics in antitrust law going forward.

Auto parts stalled?

While the gush of new cases has slowed to a trickle, it is remarkable to note that new cases are indeed still being filed – the most recent of which was filed in November 2016. Perhaps more remarkable than new cases however, …

Antitrust & politics: A match made in…

After eight years of antitrust enforcement under the Obama administration that some consider robust, while others are more critical, it is fair to wonder what we can expect from a Trump or Clinton administration. Of course, it is often difficult, if not dangerous, to make such prognostications, but it is worth considering the question nonetheless.

Donald Trump has had little to say so far on his position concerning antitrust enforcement. But, he has had one high profile run-in with the antitrust laws that may inform his perspective on the topic. Way back in 1986, Mr. Trump owned the New Jersey …

Breaking: President Obama’s executive order requires all federal agencies to examine antitrust issues

Earlier this morning, President Obama announced the issuance of an executive order that broadly requires all executive agencies and departments to take steps to address competition concerns. The executive order comes on the heels of a report issued by the White House’s Council of Economic Advisors that details the increasing concentration of markets in the U.S. economy.

Update: Jay was interviewed for a report on the President’s Executive Order by Martha C. White for – check out the story here.

FTC commissioner dissents from FTC/DOJ joint statement on South Carolina’s Certificate-of-Need law

Certificate-of-Need laws (CON laws) require health care providers to obtain state approval for significant capital expenditures, such as expanding the number of beds in a hospital or investing in robotic surgery capabilities. The National Health Planning and Resources Development Act of 1974 prompted the wide enactment of CON laws by the states by making it a condition for certain federal funding. Initially, CON laws were supported because of their apparent benefits to health care. In theory, CON laws encourage smart growth and discourage undisciplined spending by providers. It is also thought to benefit quality by providing the states with an …