The American Counsel

Sign in Subscribe

Topic

Antitrust & Competition

J.R. Howell examines market power, platform competition, monopolization and the development of antitrust law.

The Third Circuit’s Decision in Ross Protects Westlaw’s Market for Licensing Headnotes to AI Rivals. Now what?

The Third Circuit protected Westlaw’s potential market for licensing headnotes used to train Ross’s competing legal-research system. The article examines what that ruling leaves unresolved about access and competition.

En Banc Review: Intuitive Surgical Asks the Ninth Circuit to Restore a Lock-In Defense Monopolists Never Had A Right To

Intuitive reportedly seeks en banc review of the Ninth Circuit’s aftermarket ruling. The article argues that proven power in the equipment market should remove the need for additional proof of customer lock-in.

New Jersey’s Amazon Complaint Shows Worker Surveillance and Monopsony Are One Legal Problem

New Jersey alleges Amazon constrains delivery contractors and suppresses driver pay. The article examines how those allegations connect worker surveillance, monopsony and California’s new employment laws.

Sixth Circuit Will Decide Whether Private Class Settlements Can Extinguish State Damages Claims in In re RealPage

The Sixth Circuit is reviewing whether private class settlements can displace state attorneys general’s damages claims against RealPage landlords. The appeal tests who controls recovery when public and private suits overlap.

Employer-Side AI Screening Is On by Default at LinkedIn, Indeed, and SimplyHired

J.R. Howell examines employer-side AI screening at LinkedIn, Indeed and SimplyHired. The essay connects privacy rules and vendor liability to the competitive power created by applicant data.

SDNY Blocks Part of New York’s Algorithmic Rent Law on First Amendment Grounds in RealPage, Inc. v. James

The article examines the preliminary injunction against one provision of New York’s algorithmic rent law. It distinguishes pricing advice from actual anticompetitive agreements and considers the unresolved basis for facial relief.

A California Federal Court Allows a Zero-Fee Antitrust Damages Model in Affinity Credit Union v. Apple Inc.

The article examines class certification and the proposed zero-fee benchmark in the Apple Pay issuer litigation. It considers the economic evidence needed to distinguish an observed pricing difference from harm caused by unlawful conduct.

Two-Sided Market Structure Creates an Antitrust Blind Spot for Non-Paying Users

J.R. Howell argues that two-sided market doctrine overlooks the privacy costs of job-platform users who pay no fee. The essay examines how employer revenue and applicant data shape platform power.

Glassdoor Sells User Data to the Employers Its Reviewers Are Warning You About

J.R. Howell examines Glassdoor’s identity records and integration with Indeed. The essay argues that consent rules and merger analysis overlook the power created by retaining anonymous reviewers’ identities.

Why the Ninth Circuit's Kalshi Decision Matters More for Antitrust Than for Sports Betting

The essay examines tribal gaming rights and federal regulatory authority in the Kalshi litigation. It applies the author’s proposed domination test to argue that market power should be assessed through public accountability as well as price and output.