The American Counsel

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Antitrust & Competition

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

Aftermarket Monopolization After Intuitive Surgical

The article examines the Ninth Circuit’s distinction between ordinary proof of foremarket power and the Kodak and Epic factors used to establish certain aftermarket claims. It explains the procedural ruling while preserving the unresolved merits.

The Interference Fallacy

J.R. Howell argues that antitrust, privacy and administrative law overlook standing power. The essay proposes a shared legal test for domination grounded in republican liberty.

California's COMPETE Act and the Recovery of the Antitrust Tradition

This July 2026 essay examines California’s proposed COMPETE Act and its relationship to the antitrust tradition. J.R. Howell argues for antitrust rules that reach single-firm conduct.

Ticket Price Caps, Antitrust Drift, and the Return of Regulation

The essay uses ticket resale caps to examine the relationship between antitrust enforcement and direct price regulation. It argues for attention to ticketing infrastructure, platform access and structural sources of market power.

Ambulance Roll-Ups, Consolidation, Private Equity and the Role of Antitrust

The essay examines consolidation among ambulance manufacturers and the evidence needed to evaluate antitrust claims. It considers repair restrictions, dealer access and procurement terms that could preserve practical alternatives for public buyers.

Preemption: The White House AI Framework’s Real Design

The essay analyzes the White House’s proposed AI framework and argues that preemption could reduce state oversight without creating equivalent federal duties. It considers developer liability, market concentration and contract protections.