Everything You Need To Know About New York’s 21st Century Antitrust Act.


October 20, 2021

335 Madison Avenue, New York

5:00 p.m. - 6:30 p.m. - Conference and Simultaneous Webinar

6:30 p.m. - 7:30 p.m. - Outdoor networking event for in-person attendees

CLE offered in New York and approval pending in California

At a time when enforcement agencies, policymakers and scholars are reevaluating the efficacy of competition laws and enforcement tools in the United States, New York State is charting a bold new course of its own with the Twenty-First Century Antitrust Act.

If passed, this law would make New York the leader in the progressive revolution in antitrust by: (i) instituting the first abuse of dominance regime in the United States and paving the way for cases attacking anticompetitive practices such as unilateral refusals to deal, predatory pricing, so called “killer acquisitions” by dominant firms, and misuse of patents and other intellectual property; (ii) creating new pre-merger notification requirements that are more stringent than Federal ones and opening the door to potential merger challenges by the New York State Attorney General; and (iii) instituting evidentiary presumptions that may make it easier to prove (and harder to defend against) antitrust claims made under New York law.

Register for the Webinar

About the Webinar

Join New York State Senator and Deputy Majority Leader Michael Gianaris, the architect of the bill; Professor Eleanor Fox from New York University Law School, one of the foremost international antitrust scholars; Professor Steven Salop from Georgetown University Law School, one of the preeminent industrial organization economists specializing in antitrust policy and law; and Constantine|Cannon partners Jeffrey I. Shinder and Ethan E. Litwin, for an in-person and simultaneously webcast CLE Program diving into this groundbreaking development in U.S. antitrust law.   Closing Remarks will be given by Lloyd Constantine, former Assistant Attorney General in Charge of Antitrust for New York State, former Chair of the Antitrust Task Force of the National Association of Attorneys General and founding partner of Constantine|Cannon.

Through this program, attendees will learn:

  • Whether New York’s adoption of an EU-style dominance standard would enable the New York Attorney General, as well as private parties, to challenge anticompetitive practices more easily.
  • How New York’s landmark premerger notification program would enable the New York Attorney General to challenge anticompetitive mergers and acquisitions pre-closing, providing a much-needed second level review of transactions, while also reviewing many deals that fall outside of federal review.
  • How competitors and investors could effectively challenge anticompetitive mergers and acquisitions in New York courts.
  • How changes to traditional evidentiary presumptions may increase the difficulty of defending against antitrust claims made under New York law.
  • Whether the New York law would violate the U.S. constitution.

Click here for more information about the program.

Keynote Address:


MichaelFianaris

Senator Michael Gianaris

Deputy Majority Leader, New York State Senate, Bill Sponsor

Senator Michael Ginaris serves as Deputy Majority Leader and proudly represents western Queens. Guided by the principle that the playing field between everyday New Yorkers and powerful interests is grossly skewed in favor of the wealthy, Senator Gianaris is a progressive champion for tenants’ rights, better subways, election reforms, a fairer criminal justice system, LGBTQ+ equality, and ending unfair economic development policies.

Panelists:


EleanorFox

Eleanor M. Fox

Walter J. Derenberg Professor of Trade Regulation, New York University School of Law

Eleanor M. Fox is the Walter J. Derenberg Professor of Trade Regulation at New York University School of Law. She is an expert in antitrust and competition policy, and teaches, writes, and advises on competition policy in nations around the world and in international organizations. She has a special interest in developing countries, poverty, and inequality, and explores how opening markets and attacking privilege, corruption, and cronyism can alleviate marginalization and open paths to economic opportunity and inclusive development.

SalopSteve

Steven C. Salop

Professor of Economics and Law, Georgetown University Law Center

Professor Salop teaches courses in Antitrust Law, Economic Reasoning and the Law, and had conducted a Faculty Workshop in Law and Economics. His recent writings include several articles that focus on exclusionary conduct, including articles on the antitrust standard for exclusionary conduct, exclusionary conduct by buyers, and the antitrust standard for refusals to deal and price squeezes.

EthanLitwin

Ethan E. Litwin

Partner, Constantine Cannon

Ethan E. Litwin has a broad antitrust practice that focuses on complex antitrust litigation, defending civil and criminal government investigations, representing merging parties in international merger control investigations, and antitrust counseling. Throughout the span of his career, he has litigated numerous high-profile cases in state and federal courts and has represented clients before antitrust regulators in the United States and the European Union.

ShinderJeff

Jeffrey I. Shinder

Partner, Constantine Cannon

Jeffrey I. Shinder is the Managing Partner of Constantine Cannon’s New York office. Mr. Shinder specializes in antitrust counseling and litigation, and has expertise in numerous industries, including payment systems, banking, high technology, energy, airlines, telecommunications, standard setting, health care, pharmaceuticals, sports, retail and utilities.

Closing Remarks:


ConstantineLloyd

Lloyd Constantine

Founding Partner, Constantine Cannon

Lloyd Constantine is the Founder and a partner at Constantine Cannon, specializing in antitrust litigation. Lloyd is one of the nation’s leading antitrust litigators and authorities on competition policy. He was lead counsel for the plaintiffs in the landmark Visa Check/MasterMoney Antitrust Litigation, which resulted in a $3.4 billion monetary payment and an injunction valued at upwards of $87 billion in benefit for U.S. merchants and consumers, which the district and circuit courts stated was [and is] the largest antitrust settlement in history.