Antitrust & Trade Reg.
Sep. 27, 2023
California needs to amend the Cartwright Act to redress single-firm monopolization
It simply does not make sense or constitute sound public policy that anticompetitive agreements and conduct involving “combinations” can be addressed under the Cartwright Act, but single-firm monopolies with equal or greater anticompetitive impacts cannot.
Ken MacVey
Partner
Best Best & Krieger LLP
MacVey has served as chair of the Antitrust and Unfair Business Practices Section of the Los Angeles County Bar and did antitrust enforcement at the Federal Trade Commission. In 2023 as a professor of practice he taught the course "Should Big Tech Be Broken Up, Regulated, or Left Alone?" at the University of California Riverside School of Public Policy.
Wendy Y. Wang
Partner and Litigator
Best Best & Krieger LLP
She serves on the Board of Trustees for Southern California Water Coalition and is the chair of the Environmental Section of the International Municipal Lawyers Association. She has been named as The Best Lawyers in America(r) 2025 in Water Law and Litigation-Environmental.
California’s antitrust statute, the Cartwright Act (Business and Professions Code Section 16700 et seq.), has a gaping hole that needs to be filled. This is true more than ever now that there is a growing national consensus among policy makers and political leaders from the left to the right that antitrust enforcement should be strengthened to address the alarming increase in industry market concentration and monopoly power. Unlike the federal Sherman Act (15 U.S.C. ...
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