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...
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
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....
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...
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...
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...
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...
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...
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...
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...
