Find Your Next Job! Yet it is not the first or even second attempt by the New York Senate to be an antitrust trailblazer. Indeed, substantially similar versions of the bill have been introduced in the New York Senate since at least the Legislative Session. State Senator Michael Gianaris of the 12th Senate District , together with other democrats, have introduced some version of this bill each year, and each year, it has passed the State Senate but failed to come up for a vote in the Assembly before the end of each session.
For the past years, the Donnelly Act has prohibited coordinated conduct or agreements between two or more parties to unreasonably restrain trade; it did not reach unilateral, single-firm conduct. Premerger notification and labor considerations. SB also seeks to put in place the most comprehensive premerger notification program of any US state.
Specifically, any transaction by a person doing business in the State which is reportable under the Hart-Scott-Rondino Antitrust Improvements HSR Act to federal antitrust agencies must simultaneously be submitted for review by the State attorney general.
Expert witness fees. Finally, SB encourages private and public enforcement of the Donnelly Act by allowing prevailing plaintiffs to recover expert witness fees and costs, a substantial portion of the high cost of litigating most antitrust claims.
Stay tuned here while we monitor developments on SB More Upcoming Events. Sign Up for e-NewsBulletins. February 02, Volume XV, Number Legal Analysis. Expertly Written.
