September 24, 2021

Bipartisan Group Of AGs Voice Support For Federal Antitrust Legislative Agenda

Lori Kalani, Bernard Nash

Cozen O'Connor

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Cozen O'Connor

A bipartisan group of 32 AGs, led by the AGs of Colorado, Nebraska, New York, and Tennessee, sent a letter to congressional leaders in support of legislative proposals that purport to modernize federal antitrust laws.
The letter urges Congress to take up and pass a range of antitrust bills, including the Ending Platform Monopolies Act, the American Choice and Innovation Online Act, the Platform Competition and Opportunity Act, the Augmenting Compatibility and Competition by Enabling Service Switching (“ACCESS”) Act, and the Merger Filing Fee Modernization Act, as well as the State Antitrust Enforcement Venue Act, which will provide state AGs with the same venue selection rights as federal agencies in antitrust cases. The letter also recommends additional provisions to strengthen consumer protections against antitrust violators and notes that antitrust law needs to be updated in view of changing technology and decreased competition in important sectors.
The letter also urges Congress to clarify the status of states as sovereigns on equal footing with federal enforcement agencies under federal antitrust law, including with regard to the timing of challenging anticompetitive mergers and other practices.

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