DEC-10(2)

In this issue: Our final 2010 issue continues using a crystal ball. Our previous issue asked authors to look at the EU competition policy world of 2025. For this issue, we posed the same challenge to U.S. authors. Some chose very specific topics (tying, reverse payments) while others are broader in scopeā€”but all have the […]

Antitrust in 2025: Cartels, Agency Effectiveness and a Return to Back to the Future?

Daniel Sokol, Dec 16, 2010 Predicting the future is difficult. Advances in economics and antitrust law’s ability to incorporate such changes have been tremendous in the past 15 years. In 1985, Robert Zumekis’ movie Back to the Future came out. In that movie, Marty McFly (Michael J. Fox) travels back in time from 1985 to […]

Competition Commission of India’s Trysts with Law and Policy: Enforcement One Year On

Harman Sandhu, Pallavi Shroff, Dec 16, 2010 The (Indian) Competition Act, 2002 (“Act”) aims to promote competition and to prevent practices that adversely affect competition. The Competition Commission of India (“CCI”) is the statutory body created to enforce the Act. Although enacted in 2002, the Act is being brought into force in a phased manner. […]

Antitrust 2025

Maurice Stucke, Dec 16, 2010   Antitrust policy in the United States has roughly twenty to thirty year cycles: (i) after initial dormancy, 1900-1920, the promise of antitrust; (ii) 1920s-mid-1930s, antitrust dormancy in the boom and bust years; (iii) mid-1940s-1970s, antitrust representing “the Magna Carta of free enterprise” in preserving economic and political freedom; and […]

Antitrust in 2025: Cartels, Agency Effectiveness and a Return to Back to the Future?

Daniel Sokol, Dec 16, 2010 Predicting the future is difficult. Advances in economics and antitrust law’s ability to incorporate such changes have been tremendous in the past 15 years. In 1985, Robert Zumekis’ movie Back to the Future came out. In that movie, Marty McFly (Michael J. Fox) travels back in time from 1985 to […]

The End of Per Se Illegal Tying

Christopher R. Leslie, Dec 16, 2010 When making predictions about the future of antitrust law, one can err in one of two directions: making a bold prediction that is provocative but ultimately wrong or making a conservative prediction that proves accurate but safe. In my essay for this symposium in which we are asked to […]

2025: Reverse-Payment Settlements Unleashed

Dec 16, 2010 The year is 2025. For the past two decades, brand-name drug companies have settled infringement lawsuits with generic firms by paying them to drop their patent challenges. Early in the 21st century, courts had explained that this was the natural state of affairs. By 2025, this is true many times over. This […]

U.S. Antitrust 2025: How Have We Handled The Bulletproof Cartels?

Kent Bernard, Dec 16, 2010 There is a tendency, especially among those of us who count ourselves as antitrust lawyers or economists, to think that the antitrust laws were handed down by the benevolent gods on Mount Olympus, and that they are the only guidance that we need in the areas in which they apply. […]