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The Department’s Corporate Criminal Enforcement Policy Changes

The Department’s Corporate Criminal Enforcement Policy Changes: Implications for Antitrust Practice

By James W. Attridge1   On September 15, 2022, Deputy Attorney General Lisa Monaco announced revisions to the Department of Justice’s (the “Department”) corporate criminal...
Huawei

FRAND Royalty Base: Will Chinese Courts More Likely Accept the Component...

By Yan Wang, Da Shi, Yue Li, Shasha Zhou*   I. Introduction On June 17, 2022, Huawei announced it had entered into a patent licensing...
ANTITRUST CHRONICLE - Merger Guidelines - November 2022

Antitrust Chronicle® – Merger Guidelines

Dear Readers, The U.S. Justice Department first published merger guidelines in 1968, with the goal of providing transparency to the standards applied in reviewing mergers....
1-How The New Anti-Merger Policy May Be The New Antitrust Paradox By Maureen K. Ohlhausen & Taylor Owings

How the New Anti-Merger Policy May Be the New Antitrust Paradox

Neo-Brandeisian policies that would chill acquisitions by highly capitalized companies, or companies with 30%+ market share in some related market, would remove from the...
2-New Merger Guidelines Should Keep The Consumer Welfare Standard By Mark Israel, Jonathan Orszag & Jeremy Sandford

New Merger Guidelines Should Keep the Consumer Welfare Standard

Recent statements by the heads of the Federal Trade Commission and Department of Justice suggest that new merger guidelines may replace the tried-and-tested consumer...
3-Revisiting The Merger Guidelines: Protecting An Enforcement Asset By Daniel Francis

Revisiting the Merger Guidelines: Protecting an Enforcement Asset

What should we do with a magic wand? The revision of the merger guidelines offers an opportunity to update and improve the foundational texts...
4-Treating Like Cases Alike: The Need For Consistency In The Forthcoming Merger Guidelines By Keith Klovers, Alexandra Keck & Allison Simkins

Treating Like Cases Alike: The Need for Consistency in the Forthcoming...

The U.S. Department of Justice and Federal Trade Commission are expected to release new merger guidelines soon. Among other requirements, the Agencies should strive...
5-Adapting Merger Guidelines To A Digital Environment By Mark A. Jamison

Adapting Merger Guidelines to a Digital Environment

Contemporary merger guidelines are heavily dependent on empirical observations of past and present markets. This feature makes the guidelines inadequate for addressing market power...
6-The Neo-Brandeisian Approach To Vertical Mergers – A Zipline To Oblivion? By Abbott B. Lipsky, Jr.

The Neo-Brandeisian Approach to Vertical Mergers – A Zipline to Oblivion?

In a major policy switch, federal antitrust agencies recently announced increased hostility to vertical mergers. Stated reasons include skepticism of their benefits and of...
7-Vertical Mergers And Coordinated Effects: Implications For Merger Policy By Margaret C. Levenstein & Valerie Y. Suslow

Vertical Mergers and Coordinated Effects: Implications for Merger Policy

Vertical relationships can have coordinated effects with important implications for planned revisions of the U.S. Department of Justice merger guidelines. Despite increased efforts to...
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