States join New York AG in amicus brief against monopolist

By Dayna DeHaven | Sep 9, 2014

Eric T. Schneiderman

New York Attorney General Eric T. Schneiderman announced Monday that he’s leading a coalition of states in an amicus brief to encourage a federal appeals court to affirm a Federal Trade Commission (FTC) decision condemning a monopolist’s alleged efforts to exclude competitors from the market.

The case focuses on a dominant pipe-fitting company that allegedly chose to lock out a competitor instead of engaging in market competition, violating the FTC’s antitrust laws.

“Dominant companies cannot be allowed to perpetuate their market positions by preventing smaller competitors from effectively accessing the market,” Schneiderman said. “A lack of competition – due to these sorts of exclusionary practices – leads directly to fewer choices and increased prices for hardworking Americans. We will continue to defend our nation’s antitrust laws, so that they can continue to be strong enough to protect consumers from these types of tactics.”

Schneiderman filed the brief in the U.S. Court of Appeals for the Eleventh Circuit on Sept. 5 in the case of McWane, Inc. v. FTC and was joined by Arizona, Connecticut, Hawaii, Idaho, Indiana, Iowa, Kentucky, Maryland, Mississippi, Nevada, New Mexico, and the Commonwealth of Puerto Rico.

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