California Antitrust Law That Disregards Federal Sherman Act Precedent Passes State Assembly, The Capitol Forum

The Capitol Forum quoted partner Minna Lo Naranjo in an article examining California’s proposed COMPETE Act, which would amend the state’s antitrust law to prohibit monopolization and make federal antitrust precedent nonbinding when interpreting certain claims.

The article explores how the legislation could reshape antitrust enforcement in California, particularly with respect to refusal-to-deal and predatory pricing claims. Minna noted that while the departure from federal precedent is unlikely to create significant uncertainty around what constitutes an antitrust violation, it could encourage more private plaintiffs to bring claims under California law.

“Do I think there will be some chaos about what an antitrust violation is? Not really,” Minna said. She added, however, that plaintiffs will bring more antitrust claims due to the language about disregarding federal precedents.

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