An obscure California commission is about to rewrite the state’s antitrust law

CAPITOL WEEKLY PODCAST: While California is often seen as being on the forefront of Progressive legislation, the state’s main anti-trust law, The Cartwright Act, dates back to the Roosevelt era – the TEDDY Roosevelt era, that is – 1907, to be exact. The Cartwright Act is often invoked in tandem with the federal anti-trust statute, The Sherman Act of 1890, but in fact, the federal law has stricter proscriptions against monopolies than the California legislation. That may be about to change.

In 2022, the legislature passed a resolution tasking the California Law Revision Commission (CLRC) with providing recommendations on how to update The Cartwright Act. The CLRC set up a series of working groups to prepare in depth reports on a set of seven specific issues – the working groups have published their reports, which are now being discussed at a series of public meetings. After these meetings, the CLRC will prepare a final report with recommendations for the legislature, teeing up new legislation to update The Cartwright Act in 2025.

We’re joined today by Teri Olle, Director of Economic Security California. She walks us through the specifics of what The Cartwright Act does, how it differs from the Sherman Act, and why updating it for the 21st Century matters.

EPISODE NOTES

2:16 The Cartwright Act vs. The Sherman Act

4:25 The Commission process and potential impacts

5:33 “Neoliberalism”

6:49 The impact of monopolization on healthcare in California

7:58 Concentration of food and gas markets

9:17 What specifically be changed here?

12:46 The first time in a generation to look at what our economy looks like RIGHT NOW

16:46 How to get people to engage? (#taylorswift)

22:02 How is monopolization handled in other jurisdictions?

23:59 How to have a say

26:09 “The economy is not the weather: we shape it”

26:43 #WWCA – Third time is not the charm