Antitrust and Unfair Competition Law
Competition: SPRING 2023, Vol 33, No. 1
Content
- 133 Years Young: Sherman Act Section Two Keeps Up With Big Tech
- Antitrust Restoration From California Anchored By a New Monopolization Synthesis
- California Should Amend the Cartwright Act To Address Single-firm Monopolization
- Competition Beyond Rivalry: Adapting Antitrust Merger Review To Address Market Realties
- Dormant Commerce Clause: a Potential Brake On State Antitrust Legislation
- Executive Committee
- Message From the Editor
- Over-prescription Is Bad Medicine: the Case Against a Knee-jerk Revision of Antitrust Injury
- Restrictions On Worker Mobility and the Need For Stronger Policies On Anticompetitive Employment Contract Provisions
- Should California Adopt Revisions Proposed By Congress and the New York State Legislature To Address Single-firm Conduct?
- Table of Contents
- Technological Monopolies, Innovation, and the Personal Freedom To Form Businesses: Like Oil and Water?
- The Adaptable Antitrust Laws
- The Risks of Requiring California-specific Merger Approvals
- Updating the Cartwright Act For the Twenty-first Century: Allowing Antitrust Claims For Unilateral Conduct
- Why Has California Waited So Long To Enact Its Own Merger Review Law?
- Message From the Advisors
MESSAGE FROM THE ADVISORS
By Cheryl Lee Johnson and Geoffrey T. Holtz1
This Spring 2023 issue of the Antitrust and UCL Section’s Competition Journal is inspired by and dedicated to the study of potential antitrust reforms directed by the California Legislature’s Assembly Concurrent Resolution (ACR) No. 95.2 ACR 95 draws on a body of studies and growing concerns about increasing market power concentration and the need for legislative action and reform. One of the sponsors of the bill, Assembly member Wick remarked that:
The California Law Revision Commission, created in 1953, is tasked with the continuing substantive review of California statutory and decisional law to make recommendations to the Legislature for needed reforms. Under ACR 95, the Legislature directed the California Law Revision Commission to study and report back on three antitrust topics:
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