Antitrust and Unfair Competition Law

Competition: Spring 2022, Vol 32, No. 1


Written by Stephen McIntyre
O’Melveny & Myers LLP Los Angeles, CA

In November 2021, the Antitrust and Unfair Competition Law Section of the California Lawyers Association held the 31st Annual Golden State Antitrust and Unfair Competition Law Institute. For the second year running, the COVID-19 pandemic necessitated a virtual format. While we were disappointed to be unable to convene in person, the Section is pleased to report that participation in GSI was high—a testament both to the tireless efforts of GSI’s organizers and to the quality of the presentations. This edition of Competition reproduces each of the excellent GSI presentations.

We begin with the "Recent Developments in Antitrust and Unfair Competition Law" panel, moderated by Malinda Lee of the California Attorney General’s Office. Panelists Thomas Greene of the U.S. Department of Justice Antitrust Division, Colleen Huschke of the San Diego District Attorney’s Office Consumer Protection Unit, and Professor Shana M. Wallace of Indiana University Maurer School of Law provide an overview on cutting-edge developments in federal antitrust law, federal procedure, and California state antitrust and unfair competition law.

Next up are two "Big Stakes" panels. The first, moderated by Aaron M. Sheanin of Robins Kaplan LLP, centers on In re National Collegiate Athletic Association Athletic Grant-in-Aid Cap Antitrust Litigation, a case in which a class of NCAA Division I basketball and football players successfully challenged NCAA rules limiting financial aid and benefits that student-athletes may receive. Mr. Sheanin was joined by Jeffrey L. Kessler of Winston & Strawn LLP, who represented the plaintiffs; Daniel A. Rascher, Ph.D., of OSKR, LLC, who testified at trial as an expert witness supporting the plaintiffs; and Jeffrey A. Mishkin of Skadden, Arps, Slate, Meagher & Flom LLP, who represented the NCAA in Grant-in-Aid.

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