Business Regulation & Regulated Industries

Editors (7)

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McGlinchey Stafford, PLLC

Lynette Hotchkiss

Executive Editor, Business Regulation & Regulated Industries
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Carlton Fields

Thomas F. Morante

Contributing Editor, Business Regulation & Regulated Industries
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Davis Polk

Andrew B. Samuel

Contributing Editor, Business Regulation & Regulated Industries
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Covington and Burling

Lucille C. Bartholomew

Contributing Editor, Business Regulation & Regulated Industries
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Core States Group

Dredeir Roberts

Contributing Editor, Business Regulation & Regulated Industries
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The Arefin Law Office

D. Sharmin Arefin

Contributing Editor, Business Regulation & Regulated Industries
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Troutman Pepper Hamilton Sanders LLP

Barbara T. Sicalides

Contributing Editor, Business Regulation & Regulated Industries
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MONTH-IN-BRIEF (Oct 2021)

[lwptoc]

Antitrust Law

Senate Proposal Opens the Door for Increase in State Attorneys General Antitrust Lawsuits

By Barbara Sicalides, Troutman Pepper Hamilton Sanders LLP

On September 23, 2021, the U.S. Senate advanced legislation that puts all businesses at risk of defending antitrust lawsuits across different jurisdictions at the same time. Senate Bill 1787 (S. 1787)—the Antitrust Enforcement Venue Act of 2021—prevents defendants from transferring and consolidating antitrust lawsuits brought by state attorneys general to a different venue. This regulatory action is part of a broader legislative scheme that seeks to target giant tech monopolies and streamline litigation for state prosecutors. This legislation has been the subject of a recent push by states for more authority in this space. If enacted, S. 1787 would allow states to challenge allegedly anticompetitive activity at all levels of commerce, placing businesses of all sizes at greater risk of state antitrust litigation. S. 1787 would allow states to choose the venue in which they challenge alleged anticompetitive conduct, increasing the cost and risk of antitrust litigation across different jurisdictions for businesses of all sizes.

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