Quick Read
Summary
Takeaways
- ❖California AG Rob Bonta asserts independent state authority to review and potentially block major corporate mergers like Paramount/Warner Bros Discovery, regardless of federal DOJ approval.
- ❖Corporate consolidation is consistently linked to higher consumer prices, reduced quality, lower wages, and decreased market choice.
- ❖States are increasingly filling the gap in antitrust enforcement due to perceived federal government inaction or leniency.
- ❖California is a lead plaintiff in a multi-state antitrust lawsuit against Live Nation/Ticketmaster and has filed its own state-level suit against Amazon for alleged price-fixing.
- ❖California's successful antitrust actions, particularly under its Cartright Act, can serve as a blueprint for other states or even compel nationwide changes in corporate practices.
Insights
1State Authority to Block Mergers
California's Attorney General possesses independent authority to investigate and potentially block large corporate mergers, such as the proposed Paramount/Warner Bros Discovery deal, even if federal agencies like the DOJ or FTC approve them. This power stems from state antitrust laws and the ability to conduct independent reviews based on impacts on competition, prices, wages, and consumer choice within the state.
We are looking at this merger and whether it violates antitrust law, whether it has whether it's anti-competitive, whether it is going to raise prices and lower wages for workers and reduce competition and uh quality and choice... We have independent authority as a state... if the US DOJ uh approves the merger, we still have an opportunity to block the merger if we wish.
2Consequences of Corporate Consolidation
Historically, corporate consolidation generally results in increased prices for consumers, decreased product or service quality, lower wages for workers, and reduced market choice due to diminished competition.
Generally, when you have corporate consolidation, prices go up, quality goes down, uh wages get lower. Um choice is decreased. Uh um and so, you know, there's less competition.
3States Filling Federal Antitrust Enforcement Gap
State attorneys general are actively stepping up to enforce antitrust laws and protect consumers, particularly in the absence of perceived robust federal action by agencies like the DOJ and FTC. California, with its large Department of Justice, is positioned to lead these efforts.
In the absence of the federal government doing their role, doing their job, states need to step up and fill that role and fill that gap. California is the largest state department of justice in the nation.
4California's Amazon Price-Fixing Lawsuit
California has filed a state-level antitrust lawsuit against Amazon, alleging a price-fixing scheme. Amazon allegedly demands that vendors selling on its platform either raise prices for the same product on other retail sites to match Amazon's higher price or remove the product from those other platforms entirely, thereby artificially inflating prices and eliminating lower-priced alternatives.
Amazon claims that they have the lowest price on their platform. Uh but what they do is they actually raise prices. Uh when there is a uh a vendor on their platform has uh the same product on a on another platform... they demand that the vendor raise the price on the other platform.
5States Leading Live Nation/Ticketmaster Case
While initially a multi-state and federal effort, the antitrust lawsuit against Live Nation/Ticketmaster is increasingly relying on states to 'carry the load' due to concerns that the federal government may not maintain a strong position for settlement or trial. The case targets Live Nation's alleged monopolistic practices across ticketing, promotion, and venues, which lead to inflated ticket prices.
We believe uh that the the federal government might be um not acting as we hope they would in staying strong and staying firm... it's looking more and more unfortunately like the states are going to have to carry the load, which we can and we will.
Lessons
- Businesses contemplating mergers or operating in concentrated markets should proactively assess potential antitrust challenges from state attorneys general, even if federal approval seems likely.
- Consumers experiencing price increases or reduced choices in consolidated industries should be aware of state antitrust enforcement avenues and consider reporting anti-competitive practices to their state AG.
- Policymakers in other states should consider adopting robust state-level antitrust legislation, similar to California's Cartright Act, to create independent bulwarks against corporate monopolization.
Quotes
"This is not a done deal. To those who think it is, I say not so fast."
"Generally, when you have corporate consolidation, prices go up, quality goes down, uh wages get lower. Um choice is decreased."
"In the absence of the federal government doing their role, doing their job, states need to step up and fill that role and fill that gap."
"Amazon is raising their prices through this illegal price fixing scheme and we think that this can make a real difference in everyday Americans lives and it's unlawful."
Q&A
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