September 29, 2020
The state of New York is considering legislation intended to ramp up its scrutiny of Big Tech companies, and potentially many other market participants. Earlier this summer, two New York state senators proposed significant legislative reforms to the state's antitrust enforcement statute. The proposed legislation, introduced earlier this summer as the 21st Century Antitrust Act, would for the first time empower New York state authorities to pursue unilateral conduct that allegedly restrains competition. Importantly, the Act, as drafted, could potentially reach a broad array of unilateral conduct that does not violate federal antitrust laws. The Act would also increase the potential criminal and civil liability for violations by companies and individuals. If passed as drafted, the proposed amendments would provide NY state prosecutors with stronger enforcement tools to challenge Big Tech companies, an objective of the bill's sponsors.