July 08, 2020

In this article, Jenner & Block Partners Andrew Vail, Lee Van Voorhis and Shaun Van Horn examine the antitrust implications that could land cannabis companies in trouble with law enforcement and regulators at both the federal and state levels, and lead to substantial civil liability.  The authors survey antitrust topics of which the cannabis industry should be aware, including mergers, acquisitions and industry consolidation; Noerr-Pennington immunity and anti-SLAPP motions; and information sharing and trade associations.  The article also sheds light on the bombshell testimony of a US Department of Justice whistleblower who claimed that US Attorney General William Barr has targeted cannabis industry mergers for heightened and unwarranted scrutiny:  “It is thus important that any cannabis business carefully consider the antitrust implications of deals and transactions, as well as its day-to-day policies on discussions with competitors or participation in trade associations.”