Our last article, New Brandeisians keep their promise, discussed the contents of Sen. Amy Klobuchar’s (D-MN) proposed overarching antitrust legislation, Competition and Antitrust Law Enforcement Reform Act (CALERA). Now, we’d like to take a step back and focus on
Continue Reading New Brandeisians push further: Proposed antitrust legislation reflects broad remedial purpose of antitrust laws

Probably never before has there been introduced in Congress so many bills relating to antitrust.  At last count, over 25 different pieces of antitrust legislation have been introduced just this year, covering antitrust in general and distinct industries in particular,
Continue Reading New Brandeisians keep their promise: New antitrust legislation reflects movement in role of antitrust laws

There is no question that antitrust policy, at any time, is highly influenced by the prevailing economic thinking. Equally unquestionable is the fact that economic thinking is highly influenced by one’s political philosophy. With these principles established, the current debate
Continue Reading 1990s to the present: The Chicago School and antitrust enforcement

Two recent actions aimed at maximizing domestically-produced goods, products, materials and services may have significant impact on contractors and supply chains. In January 2021, the Federal Acquisition Regulation (FAR) Council published a final rule “Maximizing Use of American-Made Goods,
Continue Reading Reevaluating your supply chain: How the new American-made product qualifications rule may impact your business

A divided Pennsylvania Supreme Court affirmed the Superior Court and held that the 1996 amended catch-all provision of the Pennsylvania Trade Practices and Consumer Protection Law (CPL) imposes strict liability. Writing for the 4-3 majority, Justice David Wecht, based upon
Continue Reading Strict liability applies to “deceptive conduct” under the catch-all provision of the Pennsylvania CPL

For nearly 75 years, the McCarran-Ferguson Act established a broad – although not unlimited – exemption from the application of federal law to “the business of insurance,” finding “the continued regulation and taxation by the several states [of that business]
Continue Reading Competitive Health Insurance Reform Act repeals McCarran-Ferguson exemption for health insurers