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Leah AntiTrustButVer1fy Nylen Profile picture
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11 Jun, 11 tweets, 2 min read
BTW, those antitrust bills were just introduced.
Non-discrimination: cicilline.house.gov/sites/cicillin…
Mergers: cicilline.house.gov/sites/cicillin…
Line of business restrictions/conflicts of interest: cicilline.house.gov/sites/cicillin…
Interoperability/data portability: cicilline.house.gov/sites/cicillin…
Merger filing fee increase: cicilline.house.gov/sites/cicillin…
Biggest difference between the ones I wrote about earlier this week and these version: $600B threshhold tied to inflation; 50 million US users (as opposed to 500K earlier)
They also added a provision: 50 million US users OR at least 100K US monthly active business users
Also, they added a private right of action to the non-discrimination bill
There are three GOP supporters on all five bills: @RepKenBuck plus Rep. Madison Cawthorn (R-N.C.) and Rep. Lance Gooden (R-Tex.)
Rep. Matt Gaetz (R-Fla.) is a co-sponsor of the bill that would bar acquisitions of potential competitors. Rep. Burgess Owen (R-Utah) co-sponsored the interoperability bill

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More from @leah_nylen

Leah AntiTrustButVer1fy Nylen Profile picture
11 Jun
The FTC improperly held that 1-800 Contacts trademark agreements violated the antitrust law, the 2nd Circuit held this AM. They reversed the FTC decision and ordered the complaint be dismissed. Big loss for FTC. More TK.
Decision now up here: ca2.uscourts.gov/decisions/isys…
Second Circuit took issue with two things: First, FTC's use of inherently suspect framework -- essentially a rule of reason shortcut.
Read 14 tweets
Leah AntiTrustButVer1fy Nylen Profile picture
10 Jun
. @energycommerce voted 30-22 to advance a bill to restore the @FTC ability to seek restitution and disgorgement from companies that break the law in the wake of the Supreme Court's AMG decision that the agency didn't have that authority
Before moving the bill, Democrats defeated, 25-28, an amendment offered by Rep. Gus Bilirakis (R-Fla.) that would have reduced to 5 years from 10 years the period of time for which they could seek monetary remedies.
The amendment would also have changed the bill so it would only apply to FTC cases going forward, not any of its pending ones.
Read 4 tweets
Leah AntiTrustButVer1fy Nylen Profile picture
9 Jun
politico.com/news/2021/06/0…
Five bills: each covering a slightly different aspect of antitrust/tech platforms.
1) Line of business restrictions. This is the "Glass-Steagall of the Internet" idea that Cicilline has talked up. The legislation takes aim at companies (like Amazon) that operate a dominant platform and promote their own goods or services on it.
Read 11 tweets
Leah AntiTrustButVer1fy Nylen Profile picture
7 Jun
The New York Senate voted 43-20 to pass S 933A, legislation to amend the state's antitrust law
nysenate.gov/legislation/bi…
One R voted in favor of the bill: Sen. Andrew Lanza, who represents Staten Island. One D voted against the bill: Sen. John Brooks, who reps Long Island/South Shore
From Assemblyman Jeffrey Dinowitz, who is championing the bill in that chamber: "Massive corporations must not be empowered to use their sheer size to circumvent the anti-trust regulations that have been put in place in New York for many years. /1
Read 5 tweets
Leah AntiTrustButVer1fy Nylen Profile picture
24 May
YGR: the market has to include some substitutes.
Bornstein: It's critical to decide what the product is before you can decide substitutes. The market we defined is the market for app distribution. It's not the in-app purchase.
Bornstein: It's getting the app on your phone.
YGR: Is there any definition that gets to the problem where the market has economic substitutes.
Bornstein: Our view is there is no economic substitute for getting an app on the phone. There are substitutes for the App Store.
YGR: Your market definition doesn't include substitutes because that doesn't reflect reality.
Bornstein: The substitutes would be direct distribution or alternative app stores. We do not believe that distribution of an app on Android or console is an economic substitute.
Read 162 tweets
Leah AntiTrustButVer1fy Nylen Profile picture
24 May
Our hybrid closings in #epicvapple start in a bit. Today's in-court reporters are @doratki and @mslopatto. I'll be following along again today in case YGR gives some more clues about her thinking.
For Epic, Gary Bornstein will be doing all the talking. For Apple, Richard Doren will discuss remedies; Daniel Swanson will talk about market definition; and Veronica Moye will talk about conduct and effects.
YGR asks each side to give her their top two areas: Bornstein says market definition and remedy; Doren says those are good for Apple to start.
Read 15 tweets

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