AG Tong Urges Congress Toward Antitrust State Rights

Press release from the AG's Office:

June 24, 2021

Attorney General William Tong and The National Association of Attorneys General (NAAG) are urging Congress to pass the State Antitrust Enforcement Venue Act of 2021. This legislation would provide states with the same venue selection rights as federal enforcers by prohibiting the transfer of state antitrust actions into a multidistrict litigation.

“Our office is a national leader in antitrust enforcement and we fight every day on behalf of Connecticut consumers. Under current federal law, our antitrust cases can be merged with similar cases at the request of those we are taking action against, causing inconvenient and inefficient delays in the legal process. Congress must pass this legislation to ensure that states like Connecticut can pursue justice for their citizens in a timely and efficient manner,” Attorney General Tong said.

Attorneys general pursue antitrust enforcement actions on behalf of consumers in their states and territories. Under current law, these law enforcement actions may be subject to transfer to a multidistrict litigation at the request of the defendants. In many actions, cases are then postponed and may be joined with other lawsuits brought by private plaintiffs.

However, enforcement actions filed by the federal government cannot be transferred to a multidistrict litigation. By providing states with the same venue selection rights as the federal government, states would be entitled to select and remain in their preferred venue without the inefficiencies that typically occur with multidistrict litigation.

“As Congress has recognized, the states play an essential role in the enforcement of competition laws in the United States. States should accordingly be on equal footing with federal enforcers in deciding where, when, and how to prosecute cases,” concludes the letter, co-led by Attorney General Tong and signed by 52 state and territory attorneys general.

This press release was produced by the AG's Office. The views expressed here are the author's own.