Congress needs to say no to the Antitrust Enforcement Venue Act of 2021, which grants far too much power to state attorneys general to carry out their own political agendas.
The legislation would prevent courts from consolidating state antitrust actions, meaning companies could have to defend dozens of identical cases rather than combat one umbrella federal lawsuit. Taxpayer-funded assaults could overwhelm even giant corporations.
And not just taxpayer-funded ones: The bill would give ambulance-chasing law firms a lucrative incentive to pitch contracts with state AGs to file duplicative suits in different districts across the country. Right or left, state attorneys general like New York’s Letitia James would be emboldened to file frivolous lawsuits against industries they consider their political enemies (the NRA, in her case — but Planned Parenthood and so on for the likes of Texas) just to score political points.
The bill’s proponents argue that it would ensure state AGs get to remain in the court they select, but the federal process now typically transfers cases to where a plurality of the suits have been filed, leaving plaintiffs with plenty of “home field” advantage. Indeed, the bill’s proponents can’t point to any case where the current system gave a serious edge to the defense.
Congressional Republicans, in particular, need to realize that this bill creates more problems than solutions. Per the Executive Director for the Lawsuit Reform Alliance of New York Tom Stebbins, “Antitrust litigation often involves multiple states bringing action against companies which operate at a national level.” And “centralizing these cases . . . is indeed necessary to ensure an efficient and rigorous review of antitrust actions.”
State AGs already indulge in ridiculous litigation purely for the publicity. Don’t make the problem worse.
