Rethinking Antitrust

# 22: Should Courts Engage in Multi-Market Balancing?

Episode Summary

Randy Stutz, President of the American Antitrust Institute, joins the podcast to discuss his recent Pro-Market blog post, Multi-Market Balancing in a New Antitrust Paradigm, and Kathleen Bradish, Vice-President of the American Antitrust Institute, discusses AAI’s recent amicus brief in Epic v. Google, arguing that the 9th Circuit reject balancing out-of-market benefits against in-market harms. We also discuss some other recent AAI amicus briefs, including two in the algorithmic price-fixing cases, one arguing against Noerr-Pennington protection for fraudulent claims, another arguing against a carve-out of the scope of the Foreign Trade Antitrust Improvements Act in private litigation.

Episode Notes

Bio: Kathleen W. Bradish

Bio:  Randy Stutz

Multi-Market Balancing in a New Antitrust Paradigm, ProMarket (Dec. 3, 2024)

AAI’s Recent Amicus Briefs