Michelle Lowery discusses California COMPETE Act implications

Partner Michelle Lowery spoke with Global Competition Review about potential legal uncertainty created by the signing of the COMPETE Act, California’s first monopolization law.

Michelle noted that the COMPETE Act says that federal laws are “at most instructive” for California’s competition laws.

“There are parts of the bill that basically say that they’re not going to follow federal precedent,” Michelle said. “I think just that statement creates uncertainty.”

Michelle also said she expects federal monopolization precedent to be persuasive for courts interpreting the law. However, defendants still face risks as California prosecutors may pursue broader theories of competitive harm, she said.

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