NY's Proposed Antitrust Laws Are Out Of Sync With US Law

Law360 (September 14, 2020, 4:53 PM EDT) -- Let me begin by saying I love New York! But the recently proposed amendments to its antitrust laws? Not so much.

Under the guise of placing New York antitrust enforcers on par with their federal counterparts by giving them the ability to challenge unilateral anti-competitive conduct under New York state antitrust law, two New York state senators have in fact proposed the adoption of a new set of competition laws based on underlying policies and economic theories largely rejected by U.S. courts.

These proposed amendments not only appear to capture conduct viewed as neutral if not potentially pro-competitive under current U.S....

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