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

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 enacted, 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.

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Constantine | Cannon Webinar

Watch the Webinar

Webinar on New York's 21st Century Antitrust Act

Watch 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 as they dive into this groundbreaking development in antitrust law. 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 Founder and Partner of Constantine|Cannon Lloyd Constantine also addresses how public and private antitrust enforcement would change if New York enacts its transformative antitrust bill.

Through this program, viewers 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 CLE materials associated with this program.

Preview Important Segments below:

Panel Discusses Whether New York's Antitrust Bill Is Good For Antitrust Policy

Prof Fox Discusses EU Competition Law and Compares EU and US Law

Lloyd Constantine's Remarks on New York’s Antitrust Bill

Ethan Litwin Analyzes New York's Antitrust Bill

Panel Discusses Benefits and Challenges of New York’s Antitrust Bill

Senator Gianaris Discusses New York's Antitrust Bill

Prof Fox Discusses US Monopolization Law