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California’s Ill-Advised Turn Toward Europeanized Theories of Harm For Single-Firm Conduct

BY , and | June 17, 2025

California is considering three legislative options to overhaul its antitrust law and sanction single‑firm conduct through European‑style “exclusionary” theories of harm. Such a break from U.S. antitrust jurisprudence would bias…

California is considering three legislative options to overhaul its antitrust law and sanction single‑firm conduct through European‑style “exclusionary” theories of harm. Such a break from U.S. antitrust jurisprudence would bias enforcement toward costly false positives, chill innovation, and ultimately harm consumers. Each option would invite more aggressive enforcement by expanding the scope of cognizable harm and crippling key constraints of current U.S. antitrust jurisprudence, inclu

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