American Antitrust Institute Announces Pamela Gilbert as 2023 Private Antitrust Enforcement Hall of Fame Inductee
The American Antitrust Institute (AAI) has announced Pamela Gilbert as the 2023 inductee to the Private Antitrust Enforcement Hall of Fame. She will be honored at AAI’s Private Antitrust Enforcement Conference Luncheon at 12:30 pm on November 2, 2023 in Washington, DC. Former Federal Trade Commission Chairman Jon Leibowitz and Lieff Cabraser’s Lin Y. Chan will introduce Gilbert as part of the Hall of Fame induction.
The AAI noted that “Gilbert is one of the leading advocates for strong enforcement of the antitrust laws in Washington, DC where she works to preserve access to the civil justice system for both individuals and businesses. She represents a wide variety of clients before Congress, the executive branch, and regulatory agencies.”
“Pam has probably done more than anyone else in the country working behind the scenes to strengthen and protect enforcement of the antitrust laws,” said Joshua P. Davis, a shareholder at Berger Montague and Research Professor at UC Law San Francisco. “No one else could be simultaneously so relentless and so delightful. Everyone welcomes the chance to talk to her. That has made her uniquely effective in getting legislators to protect our free markets and champion the ordinary people who struggle every day to buy food and medicines and to earn a living wage. We are all deeply in debt to her resolve, charm, and deft touch.”
Watch Amanda Lewis on Bloomberg Markets Close: FTC Sues Amazon
CGL’s Amanda Lewis analyses the Federal Trade Commission’s case against Amazon, arguing that the FTC is on “strong ground”, with the case focussing on harm caused to consumers, a traditional approach to anti-trust law.
Cuneo Gilbert & LaDuca, LLP (CGL) is pleased to announce that Michael J. Flannery and A. Blaine Finley are new partners in our growing law practice.
“As we mourn the recent loss of our founding partner, Jonathan W. Cuneo, we continue to follow his blueprint for growing our firm,” said Charles J. LaDuca, Chairman of the Washington, DC-based law firm. “Mike and Blaine have been successfully fighting for our clients’ interests for a number of years and deeply deserve to join our partnership.”
Michael J. Flannery joined CGL in 2012 and has forcefully litigated cases spanning a wide range of the firm’s practice areas. Mike and his teams have recovered more than one billion dollars for unfairly treated workers, consumers of defective products, and victims of securities and other frauds.
Blaine Finley joined CGL in 2016 and focuses his practice on plaintiff side antitrust class action lawsuits. Among others, he is prosecuting cases alleging price fixing and other horizontal anticompetitive conduct in the packaged seafood, pork, turkey, beef and fragrance product markets. Blaine and his team have recovered in excess of $50 million on behalf of a certified class of restaurants and other small businesses in his ongoing pork antitrust matter. Asserted treble damages in his ongoing cases exceed one billion dollars.
With profound regret, CGL announces the passing of founding partner Jonathan W. Cuneo.
“Throughout his career, Jon advanced and defended the rights of consumers, investors, small businesses and others aggrieved by powerful parties or institutions and that mission continues,” said Charles J. LaDuca, Chairman of the Washington, DC based law firm and a leading litigator
of class action lawsuits on behalf of consumers and homeowners harmed by defective products and materials.
Early in his career, with his Columbia University BA and Cornell University JD, Jon clerked for Judge Edward Tamm of the U.S. District Court of Appeals for the District of Columbia, a leading force in the protection of defendants’ rights. Next, Jon served as a Federal Trade Commission attorney and, then, counsel to the U.S. House Judiciary Committee under legendary chairman Peter Rodino (D-NJ). As he developed his private practice founded in 1988, Jon was Washington Counsel on several ground-breaking civil actions including one of the first against “big tobacco” and the largest securities fraud case to-date.
In the “Joe Camel” case, argued in California state courts and successfully settled in 1997, Jon and the litigation team revealed that the R.J. Reynolds Tobacco Company’s advertising campaign was specifically targeting underage children with its promotional cartoon character. For his role, Congressman Henry Waxman (D-CA) called Jon a “real American hero.”
On behalf of thousands of defrauded investors in Enron Corp., Jon and the litigation team recovered more than $7 billion in federal court in 2009. It remains the largest settlement of its kind.
As Jon’s firm grew to become CGL, in one of its most noteworthy cases as lead counsel, it represented Hungarian Holocaust survivors seeking restitution and an accounting from the U.S. Government for personal property seized from the Jewish community by the Hungarian Nazi government and shipped toward Germany on the “Gold Train” during the closing days of World War II. Intercepted by U.S. Army units in Austria, the train was looted. Following five years of litigation, CGL recovered $25.5 million in 2005 from the U.S. Government and won an apology for the conduct of the U.S. Army from the George W. Bush Administration.
“In addition to CGL, Jon co-founded the Committee to Support Antitrust Laws, the American Antitrust Institute and the National Association of Shareholder and Consumer Attorneys, reflecting his devotion to protecting and strengthening rights to a fair and competitive marketplace,” explained Pamela Gilbert, CGL partner and a well-known consumer rights proponent and government affairs counselor. “Jon’s roles as a leader in the bar and a role model for younger lawyers cements a legacy that will last for decades to come.”
“Although Jon will be sorely missed, we carry on with his work as he wished,” CGL chairman LaDuca added. “To honor Jon’s unique achievements and legacy, our firm’s name will remain unchanged,”
Washington Post: Jonathan Cuneo, antitrust lawyer who fought for consumers, dies at 70.
Message from Firm Chairman
With profound sadness, I regret to report that early this morning our dear colleague, friend and mentor to many, Jon Cuneo, passed away at his home in Martha’s Vineyard.
Jon was in comfort. Jon was not in pain, and was with his family.
Jon fought his cancer battle with the resilience, stubbornness and courage that defined him.
We will all miss him dearly.
If you have any questions, please reach out to Pam Gilbert or myself.
With my deepest condolences,
Charles LaDuca
CGL supports the Raising The Bar campaign, providing essential legal services to the D.C. Area
Civil legal services are essential for District residents. That’s why we’re proud to support the D.C. Access to Justice Commission and be recognized by the Raising the Bar in DC campaign for our financial support to DC legal services organizations.
About the Raising the Bar in D.C.Campaign
To meet the urgent need for increased funding for legal services, the D.C. Access to Justice Commission formally launched the Raising the Bar in D.C. Campaign in December 2010, with the endorsement of the D.C. Bar Foundation and the D.C. Bar. The Campaign’s goal is to substantially increase financial support to the District’s legal services community by establishing benchmarks for law firm giving and annually recognizing and celebrating those firms that have donated at benchmark levels.
The campaign is critical to addressing the civil legal needs of D.C.’s most vulnerable communities, helping ensure low-income neighbors facing life-altering events such as eviction, the loss of public benefits, domestic abuse, and consumer fraud have access to free, expert legal assistance.
Jonathan Cuneo testifies before the Maine Legislature Judiciary Committee on Bill addressing marketing of firearms to minors
On May 17 2023, Jonathan Cuneo appeared before the Maine Legislature to give testimony on H.P 1085, An Act to Create a Civil Cause of Action for Persons Suffering Damages Arising from the Sale of Abnormally Dangerous Firearms.
Citing his experience successfully litigating youth targeting in the case of Joe Camel, and the role that civil litigation can play in clearing the way for legislation, Cuneo urged the Committee to ‘look favorably on this provision of the Bill’.
Defendants’ Motion for Summary Judgment on Foreign Commerce Denied in Hard Disk Drive Suspension Assemblies Antitrust Litigation
On May 22, 2023, Judge Chesney denied in full Defendants NHK’s and TDK’s Motion for Partial Summary Judgment Regarding Foreign Commerce, which sought dismissal of nearly all of the Class Plaintiffs’ claims, based on the Foreign Trade Antitrust Improvements Act (“FTAIA”), the dormant Commerce Clause and a number of the state statutes pursuant to which Plaintiffs sought damages. Defendants argued that Class Plaintiffs’ claims were barred because the Suspension Assemblies at issue were initially sold abroad and not shipped to the U.S. by Defendants, and thus constituted foreign commerce. Defendants also argued that the state laws under which Class Plaintiffs sought damages did not extend to the sales of Defendants’ Suspension Assemblies, or conduct outside of those particular states. The Court rejected these arguments finding that Plaintiffs’ claims were not barred under the FTAIA, and were cognizable under the state laws.
Court denies petition to appeal CGL’s successful class certification in Pork Litigation
The Eighth Circuit has denied a petition by defendants to appeal CGL’s successful certification of a class composed of commercial food preparers in a lawsuit alleging anticompetitive conduct in the pork industry. The commercial food preparer class represented by CGL remains certified, and we are preparing for a trial.
CGL partner and co-lead counsel Blaine Finley briefed and argued the motion for class certification before the district court.
CGL Attorneys Join Distinguished Panelists at the American Economic Liberties Project Anti-Monopoly Summit
On May 4, two CGL attorneys, Victoria Sims and Amanda Lewis, joined distinguished panelists and speakers, including FTC Chair Lina Khan, Assistant Attorney General Jonathan Kanter and Senator Amy Klobuchar, at the American Economic Liberties Project Anti-Monopoly Summit, in Washington, DC. The panels included private and public sector enforcers, policymakers and members of the business community, discussing the issues and challenges involved in tackling dominant firms in today’s marketplace. Ms. Sims sat alongside public sector enforcers Brian Young and Chris D’Angelo, and General Counsel of National Community Pharmacists Association Matt Seiler, on the Access to Justice panel, which discussed questions surrounding the pursuit of litigation against dominant corporations. Ms. Lewis spoke in her capacity as Director of U.S. competition Policy for the Responsible Online Commerce Coalition (ROCC) on the Access to Markets: Opposing Power Buyers panel, alongside Chris Jones, Max Miller, Antonio Ciaccia and Kathryn Judge. The panel addressed policy issues concerning abuse of buyer power by companies like Amazon.
LAW360: JBS Reaches $25M Beef Price Fixing Deal With Indirect Buyers
“JBS USA Food Co. Has agreed to pay $25 million to settle claims filed by a class of indirect beef product purchasers accusing the meat processing giant of participating in a nationwide scheme to constrain the supply of beef products and drive up prices according to a Minnesota federal court filing. ”
CGL represents a class of small businesses that claim they were injured by the alleged scheme to drive up the price of beef.
CGL’s Charles Tiefer quoted and cited in New York District Attorney Alvin Bragg’s complaint against Jim Jordan.
The Manhattan district attorney on Tuesday sued Representative Jim Jordan of Ohio in an extraordinary step intended to keep congressional Republicans from interfering in the office’s criminal case against former President Donald J. Trump.
“There hasn’t been a subpoena enforcement against a state attorney general in 200 years . . . and there’s an excellent reason. State Attorneys General have their own state sovereign authority. They are frequently elected. They have their own base, their own electoral base, their own mission, and their mission is to pursue things that Congress can’t.”
New York Times – Bragg Sues Jim Jordan in Move to Block Interference in Trump Case
PDF of full complaint – Tiefer quoted on p6
American Antitrust Institute Announces Pamela Gilbert as 2023 Private Antitrust Enforcement Hall of Fame Inductee
The American Antitrust Institute (AAI) has announced Pamela Gilbert as the 2023 inductee to the Private Antitrust Enforcement Hall of Fame. She will be honored at AAI’s Private Antitrust Enforcement Conference Luncheon at 12:30 pm on November 2, 2023 in Washington, DC. Former Federal Trade Commission Chairman Jon Leibowitz and Lieff Cabraser’s Lin Y. Chan will introduce Gilbert as part of the Hall of Fame induction.
The AAI noted that “Gilbert is one of the leading advocates for strong enforcement of the antitrust laws in Washington, DC where she works to preserve access to the civil justice system for both individuals and businesses. She represents a wide variety of clients before Congress, the executive branch, and regulatory agencies.”
“Pam has probably done more than anyone else in the country working behind the scenes to strengthen and protect enforcement of the antitrust laws,” said Joshua P. Davis, a shareholder at Berger Montague and Research Professor at UC Law San Francisco. “No one else could be simultaneously so relentless and so delightful. Everyone welcomes the chance to talk to her. That has made her uniquely effective in getting legislators to protect our free markets and champion the ordinary people who struggle every day to buy food and medicines and to earn a living wage. We are all deeply in debt to her resolve, charm, and deft touch.”
Watch Amanda Lewis on Bloomberg Markets Close: FTC Sues Amazon
CGL’s Amanda Lewis analyses the Federal Trade Commission’s case against Amazon, arguing that the FTC is on “strong ground”, with the case focussing on harm caused to consumers, a traditional approach to anti-trust law.
Cuneo Gilbert & LaDuca, LLP (CGL) is pleased to announce that Michael J. Flannery and A. Blaine Finley are new partners in our growing law practice.
“As we mourn the recent loss of our founding partner, Jonathan W. Cuneo, we continue to follow his blueprint for growing our firm,” said Charles J. LaDuca, Chairman of the Washington, DC-based law firm. “Mike and Blaine have been successfully fighting for our clients’ interests for a number of years and deeply deserve to join our partnership.”
Michael J. Flannery joined CGL in 2012 and has forcefully litigated cases spanning a wide range of the firm’s practice areas. Mike and his teams have recovered more than one billion dollars for unfairly treated workers, consumers of defective products, and victims of securities and other frauds.
Blaine Finley joined CGL in 2016 and focuses his practice on plaintiff side antitrust class action lawsuits. Among others, he is prosecuting cases alleging price fixing and other horizontal anticompetitive conduct in the packaged seafood, pork, turkey, beef and fragrance product markets. Blaine and his team have recovered in excess of $50 million on behalf of a certified class of restaurants and other small businesses in his ongoing pork antitrust matter. Asserted treble damages in his ongoing cases exceed one billion dollars.
With profound regret, CGL announces the passing of founding partner Jonathan W. Cuneo.
“Throughout his career, Jon advanced and defended the rights of consumers, investors, small businesses and others aggrieved by powerful parties or institutions and that mission continues,” said Charles J. LaDuca, Chairman of the Washington, DC based law firm and a leading litigator
of class action lawsuits on behalf of consumers and homeowners harmed by defective products and materials.
Early in his career, with his Columbia University BA and Cornell University JD, Jon clerked for Judge Edward Tamm of the U.S. District Court of Appeals for the District of Columbia, a leading force in the protection of defendants’ rights. Next, Jon served as a Federal Trade Commission attorney and, then, counsel to the U.S. House Judiciary Committee under legendary chairman Peter Rodino (D-NJ). As he developed his private practice founded in 1988, Jon was Washington Counsel on several ground-breaking civil actions including one of the first against “big tobacco” and the largest securities fraud case to-date.
In the “Joe Camel” case, argued in California state courts and successfully settled in 1997, Jon and the litigation team revealed that the R.J. Reynolds Tobacco Company’s advertising campaign was specifically targeting underage children with its promotional cartoon character. For his role, Congressman Henry Waxman (D-CA) called Jon a “real American hero.”
On behalf of thousands of defrauded investors in Enron Corp., Jon and the litigation team recovered more than $7 billion in federal court in 2009. It remains the largest settlement of its kind.
As Jon’s firm grew to become CGL, in one of its most noteworthy cases as lead counsel, it represented Hungarian Holocaust survivors seeking restitution and an accounting from the U.S. Government for personal property seized from the Jewish community by the Hungarian Nazi government and shipped toward Germany on the “Gold Train” during the closing days of World War II. Intercepted by U.S. Army units in Austria, the train was looted. Following five years of litigation, CGL recovered $25.5 million in 2005 from the U.S. Government and won an apology for the conduct of the U.S. Army from the George W. Bush Administration.
“In addition to CGL, Jon co-founded the Committee to Support Antitrust Laws, the American Antitrust Institute and the National Association of Shareholder and Consumer Attorneys, reflecting his devotion to protecting and strengthening rights to a fair and competitive marketplace,” explained Pamela Gilbert, CGL partner and a well-known consumer rights proponent and government affairs counselor. “Jon’s roles as a leader in the bar and a role model for younger lawyers cements a legacy that will last for decades to come.”
“Although Jon will be sorely missed, we carry on with his work as he wished,” CGL chairman LaDuca added. “To honor Jon’s unique achievements and legacy, our firm’s name will remain unchanged,”
Washington Post: Jonathan Cuneo, antitrust lawyer who fought for consumers, dies at 70.
Message from Firm Chairman
With profound sadness, I regret to report that early this morning our dear colleague, friend and mentor to many, Jon Cuneo, passed away at his home in Martha’s Vineyard.
Jon was in comfort. Jon was not in pain, and was with his family.
Jon fought his cancer battle with the resilience, stubbornness and courage that defined him.
We will all miss him dearly.
If you have any questions, please reach out to Pam Gilbert or myself.
With my deepest condolences,
Charles LaDuca
CGL supports the Raising The Bar campaign, providing essential legal services to the D.C. Area
Civil legal services are essential for District residents. That’s why we’re proud to support the D.C. Access to Justice Commission and be recognized by the Raising the Bar in DC campaign for our financial support to DC legal services organizations.
About the Raising the Bar in D.C.Campaign
To meet the urgent need for increased funding for legal services, the D.C. Access to Justice Commission formally launched the Raising the Bar in D.C. Campaign in December 2010, with the endorsement of the D.C. Bar Foundation and the D.C. Bar. The Campaign’s goal is to substantially increase financial support to the District’s legal services community by establishing benchmarks for law firm giving and annually recognizing and celebrating those firms that have donated at benchmark levels.
The campaign is critical to addressing the civil legal needs of D.C.’s most vulnerable communities, helping ensure low-income neighbors facing life-altering events such as eviction, the loss of public benefits, domestic abuse, and consumer fraud have access to free, expert legal assistance.
Jonathan Cuneo testifies before the Maine Legislature Judiciary Committee on Bill addressing marketing of firearms to minors
On May 17 2023, Jonathan Cuneo appeared before the Maine Legislature to give testimony on H.P 1085, An Act to Create a Civil Cause of Action for Persons Suffering Damages Arising from the Sale of Abnormally Dangerous Firearms.
Citing his experience successfully litigating youth targeting in the case of Joe Camel, and the role that civil litigation can play in clearing the way for legislation, Cuneo urged the Committee to ‘look favorably on this provision of the Bill’.
Defendants’ Motion for Summary Judgment on Foreign Commerce Denied in Hard Disk Drive Suspension Assemblies Antitrust Litigation
On May 22, 2023, Judge Chesney denied in full Defendants NHK’s and TDK’s Motion for Partial Summary Judgment Regarding Foreign Commerce, which sought dismissal of nearly all of the Class Plaintiffs’ claims, based on the Foreign Trade Antitrust Improvements Act (“FTAIA”), the dormant Commerce Clause and a number of the state statutes pursuant to which Plaintiffs sought damages. Defendants argued that Class Plaintiffs’ claims were barred because the Suspension Assemblies at issue were initially sold abroad and not shipped to the U.S. by Defendants, and thus constituted foreign commerce. Defendants also argued that the state laws under which Class Plaintiffs sought damages did not extend to the sales of Defendants’ Suspension Assemblies, or conduct outside of those particular states. The Court rejected these arguments finding that Plaintiffs’ claims were not barred under the FTAIA, and were cognizable under the state laws.
Court denies petition to appeal CGL’s successful class certification in Pork Litigation
The Eighth Circuit has denied a petition by defendants to appeal CGL’s successful certification of a class composed of commercial food preparers in a lawsuit alleging anticompetitive conduct in the pork industry. The commercial food preparer class represented by CGL remains certified, and we are preparing for a trial.
CGL partner and co-lead counsel Blaine Finley briefed and argued the motion for class certification before the district court.
CGL Attorneys Join Distinguished Panelists at the American Economic Liberties Project Anti-Monopoly Summit
On May 4, two CGL attorneys, Victoria Sims and Amanda Lewis, joined distinguished panelists and speakers, including FTC Chair Lina Khan, Assistant Attorney General Jonathan Kanter and Senator Amy Klobuchar, at the American Economic Liberties Project Anti-Monopoly Summit, in Washington, DC. The panels included private and public sector enforcers, policymakers and members of the business community, discussing the issues and challenges involved in tackling dominant firms in today’s marketplace. Ms. Sims sat alongside public sector enforcers Brian Young and Chris D’Angelo, and General Counsel of National Community Pharmacists Association Matt Seiler, on the Access to Justice panel, which discussed questions surrounding the pursuit of litigation against dominant corporations. Ms. Lewis spoke in her capacity as Director of U.S. competition Policy for the Responsible Online Commerce Coalition (ROCC) on the Access to Markets: Opposing Power Buyers panel, alongside Chris Jones, Max Miller, Antonio Ciaccia and Kathryn Judge. The panel addressed policy issues concerning abuse of buyer power by companies like Amazon.
LAW360: JBS Reaches $25M Beef Price Fixing Deal With Indirect Buyers
“JBS USA Food Co. Has agreed to pay $25 million to settle claims filed by a class of indirect beef product purchasers accusing the meat processing giant of participating in a nationwide scheme to constrain the supply of beef products and drive up prices according to a Minnesota federal court filing. ”
CGL represents a class of small businesses that claim they were injured by the alleged scheme to drive up the price of beef.
CGL’s Charles Tiefer quoted and cited in New York District Attorney Alvin Bragg’s complaint against Jim Jordan.
The Manhattan district attorney on Tuesday sued Representative Jim Jordan of Ohio in an extraordinary step intended to keep congressional Republicans from interfering in the office’s criminal case against former President Donald J. Trump.
“There hasn’t been a subpoena enforcement against a state attorney general in 200 years . . . and there’s an excellent reason. State Attorneys General have their own state sovereign authority. They are frequently elected. They have their own base, their own electoral base, their own mission, and their mission is to pursue things that Congress can’t.”
New York Times – Bragg Sues Jim Jordan in Move to Block Interference in Trump Case
PDF of full complaint – Tiefer quoted on p6
Pork Antitrust Litigation – CGL Wins Certification of Food Preparer Class
On March 29, 2023, CGL won certification of a damages class composed of commercial food preparers, such as restaurants, that purchased pork in 27 states and the District of Columbia along with a nationwide injunctive class in In re Pork Antitrust Litigation, No. 18-cv-1776. Following In re Packaged Seafood Products Antitrust Litigation, No. 15-md-2670, this marks the second time that CGL has achieved contested class certification on behalf of a food preparer class in an antitrust matter.
CGL partner and co-lead counsel Blaine Finley briefed and argued the group’s motion for class certification and Daubert opposition.
CGL settles monopolization case against Varsity Brands for $43.5 million.
CGL has settled a Section 2 monopolization case against Defendants Varsity Brands, LLC, Varsity Spirit, LLC, Varsity Spirit Fashion & Supplies, LLC (collectively, “Varsity”), and U.S. All Star Federation, Inc. (“USASF”) for $43.5 million and filed preliminary approval papers today.
This litigation concerns the All Star Cheer industry and was filed without the aid of any government investigations, based on the initiative of small gyms who wanted change in the industry. In addition to a monetary settlement, the parties negotiated prospective relief that both renders Varsity’s rebate program more competitive and unwinds certain connections between Varsity and USASF.
This settlement was achieved after 2.5 years of hard-fought litigation.
CGL announces proposed settlement in thread count case with Macy’s for $10.5m.
CGL announces that it has entered into an agreement to settle a class action lawsuit commenced in 2017 in the United States District Court for the Southern District of Ohio.
The case is captioned Hawes, et al. v. Macy’s West Stores, Inc., Case No. 1-17-CV-00754 (DRC).
The proposed settlement resolves claims asserted against Macy’s that it overstated thread counts in bedding sheets it sold under different brand names — which conveyed to consumers that the sheets were of a higher quality, and therefore a higher cost. Class members not only ended up with a product other than what they wanted, but also significantly overpaid for what they received.
Under the terms of the proposed settlement, Macy’s will pay $10.5 million.
The final settlement agreement will be subject to approval by the Court.
Charles Tiefer Quoted in NY Times Article – G.O.P. Demands on Prosecutor in Trump Case Test Limits of Oversight Power
WASHINGTON — The demand by House Republicans for information from a local prosecutor in New York about his criminal investigation into former President Donald J. Trump is pushing an already escalating fight over the scope and limits of congressional oversight powers into new territory.
Amanda Lewis’ Senate testimony quoted in Politico.
CGL’s Amanda Lewis is quoted in the article ‘Washington prepares for war with Amazon’.
Politico reports “The Biden administration is planning to take action soon on at least three of its half-dozen investigations of Amazon — moves that could lead to a blitz of litigation to rein in the iconic tech-industry giant”.
Amanda Lewis’ testimony from the Subcommittee on Competition Policy, Antitrust and Consumer Rights of the Senate Judiciary Committee.
Amanda Lewis testified before the Subcommittee on Competition Policy, Antitrust and Consumer Rights of the Senate Judiciary Committee. Ms Lewis urged Congress to move quickly to pass both AICOA and OAMA (Open App Markets Act) into law. “Under current law, the deck is stacked in favor of the platforms. That is why Congress should pass legislation to rein in the dominant digital platforms and restore competition to our digital markets”.
CGL’s Amanda Lewis testified before the Subcommittee on Competition Policy, Antitrust and Consumer Rights of the Senate Judiciary Committee.
Hearing entitled, Reining in Dominant Digital Platforms: Restoring Competition to Our Digital Markets. Full testimony to follow.
Charles Tiefer publishes expanded Holman Rule essay in The Conversation
How the ‘Holman rule’ allows the House to fast-track proposals to gut government programs without debate or much thought at all.
CGL’s Charles Tiefer writes about the Holman Rule in the Los Angeles Times
The slim Republican majority in the House of Representatives recently voted to give itself a streamlined way to fire civil servants and shut down federal programs it doesn’t like – outside the standard process of review and debate. The Holman Rule lets such actions be attached to appropriation bills. Anything is ripe for cutting with the Holman Rule, from environmental protection agencies to human rights programs to programs for addressing sales of semi-automatic weapons.
CGL’s Amanda Lewis serves as co-founder and Director of U.S. Competition Policy for a new coalition called the Responsible Online Commerce Coalition (ROCC).
ROCC is a trade association for businesses that rely on Amazon and other large online commerce platforms to reach their customers. Founded by leading U.S. and European antitrust experts, ROCC is working to ensure fair play for all businesses that operate in online commerce—from the very smallest third-party sellers to the world’s largest household brands.
Ms. Lewis stated, “Amazon is a vital gateway for both large and small businesses to reach their customers. It is critical that Amazon plays by fair competition rules, rather than rig the game in its favor. Consumers and the economy both win if Amazon is forced to take its heavy thumb off the scale so that businesses can freely compete for customers on the true merits of their products. All we are asking for is a level playing field that is free from rules that distort competition. We are working with policymakers and regulators in the United States and around the world to return the power of choice to consumers through open and fair markets in the digital economy.”
Amazon Is Targeted by Businesses Relying on the Online Retailer to Sell Goods – The Washington Post
CGL Of Counsel Charles Tiefer writes in Forbes.com
CGL Of Counsel Charles Tiefer writes in Forbes.com about the House majority’s efforts to require government employees to hire their own outside lawyers to represent them in upcoming “inquisitions.”
Victoria Sims co-authors amicus brief supporting the District of Columbia’s appeal in its monopoly case against Amazon.
Victoria Sims, Vice Chair of COSAL’s Amicus Committee, co-authored an amicus brief filed on January 30, 2023 in the DC Court of Appeals supporting the District of Columbia’s appeal in its monopoly case against Amazon. Other writers on the brief were Jessica Kahn, at Fine Kaplan and Black, and Kristen Marttila, at Lockridge Grindal Nauen and the amicus committee chair.
COSAL argued that the District of Columbia Superior Court misapplied Twombly and the Rule 8 standard when it held that, because the District had not specifically identified the first-party or third-party sellers who were Amazon’s counterparts in its scheme to eliminate competition in the online sales market through the use of Most-Favored Nations clauses, the complaint was not sufficiently plausible to survive a motion to dismiss. The brief explained that, if allowed to stand, the D.C Superior Court’s ruling will jeopardize both public and private enforcement efforts against powerful monopolists like Amazon, whose sellers avoid confrontations with Amazon at all costs, out of fear for their livelihoods. The brief drew on COSAL members’ expertise representing plaintiffs in private antitrust actions to elaborate on the fear of retaliation that can deter those affected by anticompetitive conduct from coming forward, and discussed evidence in a recent report by the House Judiciary Committee that such fears were particularly well-founded and well-documented with respect to Amazon. The Amazon section of the report was written by CGL partner Amanda Lewis. See Subcommittee on Antitrust, Commercial and Administrative Law of the Committee on the Judiciary, 117th Congress, Investigation of Competition in Digital Markets: Majority Staff Report and Recommendations, 213 (Comm. Print 2022).
COSAL’s amicus brief was written up in a January 31, 2023 Law 360 article describing the amicus briefs supporting reversal of the Superior Court’s dismissal of the District of Columbia’s case.
2023.01.31 Groups Back DC AG Bid To Revive Amazon Antitrust Suit – Law360
DC v Amazon amicus brief (1.30)
Charles Tiefer article on Forbes.com
Charles Tiefer explains the “kamikaze” move that Speaker Kevin McCarthy may need to make in order to avoid a debt default on Forbes.com:
LET’S WORK TOGETHER
CGL is currently engaged in dozens of cases from product defect class actions to antitrust litigation to civil rights advocacy.
If you feel we could represent you in any of our current cases or in a new case, we would love to hear from you.