Antitrust Modernization Commission Proposes Significant Antitrust Reforms

On April 3, 2007, the bipartisan Antitrust Modernization Commission (the "AMC") released its report assessing the current state of the antitrust laws in the United States and proposing several reforms.¹ If these reforms are adopted, they could have an important impact on business. For example, price discrimination would not be as tightly restricted, affording sellers greater flexibility while creating anxiety among some smaller retailers. Indirect purchasers would be able to sue nationwide, but defendants could consolidate all of their cases in a single forum. Changes to premerger notification could make it simpler and cheaper to file for approval of mergers and acquisitions, and should speed the process of review. The following are some of the key elements of the report.