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. The AAI is part of the bipartisan tradition that has supported antitrust for over 100 years. The AAI works with experts in the law schools, economics departments, business schools, business, consulting, and legal professions, as well as the public interest community, to develop positions that reflect clear-headed, informed, and progressive thinking about antitrust and competition policy. It benefits from the counsel of individual members of an Advisory Board composed of highly regarded experts representing these communities and a network of friends and supporters.
American Antitrust Institute的外部链接
1025 Connecticut Ave NW
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US，District of Columbia，Washington，20036
Read AAI's statement on President Trump's removal of two sitting FTC Commissioners without cause here: https://lnkd.in/eZfK5Cdu
AAI issued a statement on President Trump's removal of sitting FTC Commissioners in contravention of a federal statute and 90-year-old Supreme Court precedent. We disapprove. https://lnkd.in/e_Je7f5g
Don't miss tomorrow's CLE Lunch & Learn on Class Certification: The Motion, the Experts and the Hearing at 12pm CT/1pm ET with panelists Elizabeth Castillo, Dan Gustafson, Megan E. Jones, Kellie Lerner and Heidi Silton. Approved by the PA CLE Board for 1 CLE credit hour. Register here: https://lnkd.in/eq8yC657
AAI Senior Counsel David O. Fisher has published a commentary drawing insights from an analysis of recent Section 1 cases involving allegations of algorithmic collusion. Fisher argues that courts in algorithmic collusion cases can rely on existing antitrust tools to protect the competitive process by ensuring that AI is not used in ways that deprive the marketplace of independent centers of economic decisionmaking. Recent cases involving allegations of algorithmic price fixing show us that protecting competition in the era of AI means revisiting traditional assumptions about what tacit agreements look like and how tacit collusion may be addressed.?Courts evaluating allegations of algorithmic collusion should focus functionally on whether the challenged conduct interferes with individual firms’ pursuit of their own independent self-interests. The threat posed by algorithimic collusion should prompt us to revisit our assumptions about the difficulty of crafting legal remedies to combat oligopoly pricing. AI-powered oligopoly pricing should be treated as a tacit price-fixing agreement when it has collusive effects and is capable of being enjoined.
Yesterday I published my first commentary as Senior Counsel at AAI, on the topic of algorithmic collusion. There has been a lot of debate about whether our antitrust toolkit is up to the task of addressing competitive threats posed by AI. I argue that, at least where algorithmic price-fixing is alleged based on competitors' use of a shared pricing algorithm, we can use the tools we already have. But we need to clean and sharpen those tools. First, we must not assume that AI-powered tacit agreements will look the same as tacit agreements using older technologies. Second, we should focus functionally on whether the challenged conduct interferes with individual firms’ pursuit of their own independent self-interests. And third, we should revisit our assumptions about the difficulty of crafting legal remedies to combat oligopoly pricing. AI-powered oligopoly pricing should be treated as a tacit price-fixing agreement when it has collusive effects and is capable of being enjoined. https://lnkd.in/ey7MmEY4
Check out the latest podcast episode of Rethinking Antitrust, where AAI's Randy Stutz and Kathleen Bradish sit down with host Bilal Sayyed to discuss multi-market balancing and AAI's recent amicus briefs.
Newest episode of the Rethinking Antitrust podcast is available. Randy Stutz (President) and Kathleen Bradish (Vice-President) of the American Antitrust Institute join the podcast to discuss whether court's should balance harms and benefits across markets, and to discuss AAI's recent amicus activity, including important filings pushing back on a district court's acceptance of Noerr-Pennington defense and another district court's questionable carve out of the scope of the FTAIA, and two district courts' finding of no agreement in two algorithmic price-fixing claims. https://lnkd.in/ekTXJZTF
Join our upcoming CLE Lunch & Learn on Class Certification: The Motion, the Experts and the Hearing on March 12 at 1:00pm ET with panelists Elizabeth Castillo, Dan Gustafson, Megan E. Jones, Kellie Lerner and Heidi Silton. Register here: https://lnkd.in/eq8yC657 Approved by the PA CLE Board for 1 CLE credit hour.
We're thrilled to announce that Nicholas Goldberg, Joshua Sarnoff, and Jennifer Sturiale have joined the AAI Advisory Board. Nick Goldberg is a partner at Keker, Van Nest & Peters LLP and specializes in high-stakes complex civil litigation. Professor Joshua Sarnoff is the Raymond P. Niro Professor of Intellectual Property Law at DePaul University College of Law, with deep expertise on the intersections of intellectual property law, environmental law, health law, and constitutional, administrative, and international law. Professor Jennifer E. Sturiale is Associate Professor of Law at the Widener University Delaware Law School, where her scholarship focuses on the intersections of antitrust, civil procedure, complex litigation, and intellectual property. “We are delighted that Nicholas, Joshua, and Jennifer have joined the AAI Advisory Board,” said AAI President Randy Stutz. “They bring important perspectives and insights into antitrust and complex litigation, intellectual property, patent law, and much more.” AAI’s volunteer Advisory Board consists of outstanding experts in the fields of antitrust law, economics, and business in the United States and abroad. Read more here: https://lnkd.in/eR8ejUjS
AAI's 2024 Impact Report highlights our achievements and leadership in protecting and promoting competition for the benefit of American markets. In 2024, our work delivered tangible benefits for consumers, workers, and businesses through research, education, and advocacy that generated significant improvements in antitrust enforcement and policy outcomes. AAI is committed to expanding our resources, growing our capabilities, and strengthening our impact in 2025. ?? Read the full report: https://lnkd.in/eW5GbqvB
AAI has?filed an amicus brief?in?Cornish-Adebiyi et al. v. Caesars Entertainment, Inc.,?et al., urging the Third Circuit to reverse the dismissal of a class action suit against six Atlantic City casino-hotels (Borgata, Caesars, Hard Rock, Harrahs, MGM, and Tropicana) and a revenue-management software company (Cendyn) for colluding to raise the prices of Atlantic City hotel rooms. The suit alleges that the casino-hotels knowingly shared commercially sensitive information with Cendyn’s pricing algorithm, which used that information to make pricing and vacancy recommendations, and that the hotels’ near-universal acceptance of those recommendations raised the prices of Atlantic City hotel rooms above competitive levels. Read the full brief here: https://lnkd.in/du4sDx3a
We're excited to report that our President Randy Stutz's article, "Choosing Between Two Meanings of Competition in Antitrust Law," has been nominated for Concurrence's 2025 Antitrust Writing Awards
Honored that my article, "Choosing Between Two Meanings of Competition in Antitrust Law," has been nominated for Concurrences's 2025 Antitrust Writing Awards! You can read and vote here: https://lnkd.in/ejGDFFhG.
AAI has?filed an amicus brief?in the Ninth Circuit in?Ninth Inning, Inc. v. NFL?(In re NFL Sunday Ticket Antitrust Litigation), Nos. 24-5493 & 24-5691, asking it to reverse the district court’s alternative judgment vacating the jury’s $4.7 billion verdict. The district court’s judgment as a matter of law overturned a jury verdict against NFL teams for an illegal agreement to make out-of-market games available to live broadcast viewers only through Sunday Ticket, a bundled premium-price package on DirecTV. Read the full brief here: https://lnkd.in/dwhEX5g5