Blog

https://www.antitrustlawsource.com/

Antitrust Law Source is designed for visitors to quickly and easily learn about developments in the growing antitrust arena. Our primary format will be podcasts, but will also include e-books and articles from time to time. Podcasts will offer a variety of discussions and interviews with thought leaders across industries affected by antitrust regulations.

Recent Blog Posts

  • The Antitrust Revolution: The Chicago School and Antitrust Enforcement from 1990s to the Present By Jay L. Levine and Carrie Garrison   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 public perception of antitrust enforcement, the prevailing New Brandeisian belief, and how that plays into the impending antitrust revolution. Read... More
  • The Antitrust Revolution: The Evolution of Antitrust By Jay L. Levine and Carrie Garrison   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 understand what all the fuss seems to be about. Read a transcript of the episode here.... More
  • New Brandeisians keep their promise: New antitrust legislation reflects movement in role of antitrust laws By Jay L. Levine and Carrie Garrison   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 are bipartisan in nature, most are single-party efforts. Interestingly, while both sides want to battle mega-mergers and worry about... More
  • Breaking down the NCAA v. Alston SCOTUS decision By Jay L. Levine and Luke Fedlam   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 collegiate conferences from enforcing rules that limited the amount of education-related expenses schools can offer to student-athletes. Jay and... More
  • 1990s to the present: The Chicago School and antitrust enforcement By Jay L. Levine and Carrie Garrison   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, seems an inevitable conclusion to the shifting economic and political tides that have taken place over the last several... More
  • The antitrust revolution is coming? The antitrust revolution is here? By Jay L. Levine   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 at any point in time. Indeed, in both 2016 and 2020, the Democratic Party platform included a section on antitrust. Many non-lawyers... More
  • Antitrust as antidote? Historical overview of antitrust law By Jay L. Levine and Carrie Garrison   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... More
  • Supreme Court clips FTC’s wings By Jay L. Levine   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 or other monetary relief, such as disgorgement.  Read on for why this should matter to you. Federal Trade Commission First, a bit of background.... More
  • Reevaluating your supply chain: How the new American-made product qualifications rule may impact your business By Jay L. Levine   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 American Act (BAA). Less than a week later, President Joe Biden signed Executive Order 14005, titled “Ensuring the Future Is Made in All of... More
  • Strict liability applies to “deceptive conduct” under the catch-all provision of the Pennsylvania CPL By Jeremy Mercer, Carrie Garrison and Porter Wright   A divided Pennsylvania Supreme Court affirmed the Superior Court and held that the 1996 amended catch-all provision of the Pennsylvania Trade Practices and Consumer Protection Law (CPL) imposes strict liability. Writing for the 4-3 majority, Justice David Wecht, based upon a professed review of the plain language of the statute, concluded the General Assembly’s addition of “or deceptive conduct” to the catch-all provision of the CPL dictated a lesser, more relaxed standard. Thus, the majority... More