New York's Donnelly Act: Another Tool in the Chest?
Moderator: Erika L. Amarante, Partner, Wiggin and Dana
For many lawyers, New York's Donnelly Act may be both underestimated and misunderstood. In the wake of the U.S. Supreme Court's recent Shady Grove case (which arguably may open the door to indirect purchaser and other consumer class antitrust actions under New York law) and its 2007 Leegin decision that heightened the focus on state jurisprudence concerning minimum resale price maintenance, the Donnelly Act is a potentially powerful tool in addressing concerted and unilateral conduct — and not just in the hands of the New York Attorney General.
Every antitrust practitioner counseling in New York should appreciate how the Donnelly Act works and the circumstances in which it departs from federal law. In 90 minutes, this program will provide that understanding, from a former top New York enforcer and from plaintiff and defense perspectives. The experienced panelists will address coverage and practice fundamentals of the Donnelly Act, its similarities to and divergences from federal antitrust and consumer protection law, and its potential use for filing jurisprudential gaps, as well as providing insight into litigation strategies and recent enforcement trends.