DEC-12(1)

This issue is a Santa grab bag with something for everyone—a collection of articles presenting the last word (for 2012 at least) on some of the issues we looked at this year. On the domestic front, Mandy Reeves analyzes how the Agencies’ reinvigorated litigation appetite affects merger analysis, Allen Grunes reveals the divergency between the […]

The Next Big Thing

Allen Grunes, Dec 12, 2012 Pop quiz: What do antitrust cases involving the leading PC operating system, a national association’s rules about real estate listings, and a joint venture between a cable company and a movie studio have in common? Hint: Not the statute involved. One was Sherman, one was Sherman and one was Clayton. […]

Hot Documents, CEOs as Star Witnesses, and Litigating to Win: What the FTC and DOJ’s Reinvigorated Litigation Strategy Means for Merger Review

Amanda Reeves, Dec 12, 2012 The Federal Trade Commission and Department of Justice Antitrust Division are hot to trot about merger litigation these days-and with multiple major wins in recent years after a string of tough losses, their bullishness is not surprising. While many trial lawyers prefer to keep their trade secrets under wraps, both […]

The Ebb and Flow of Joint State and Federal Antitrust Enforcement: Is Everyone Playing Nice?

Kevin O’Connor, Dec 12, 2012 For over two decades, the relationship between the state and federal antitrust enforcement authorities has varied from productive cooperative efforts to, at times, outright hostility. By most accounts, however, the relationship in the past few years has been quite productive both with respect to merger reviews and non-merger conduct investigations […]

The Extraterritorial Scope of the FCPA as Addressed in New Government Guidance

Beth France, Greta Lichtenbaum, Dec 12, 2012 On November 14, 2012, the Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) released FCPA: A Resource Guide to the U.S. Foreign Corrupt Practices Act (“the Guide”). After many months in the making, these agencies’ joint efforts to release such guidance have produced a compendium of […]

Private Recoveries In International Cartel Cases Worldwide: What Do The Data Show?

John M. Connor, Dec 12, 2012 Despite being around for more than a century in the United States, the role played by “treble-damages suits” in cartel enforcement is controversial. Some think of them as exemplars of a hyper-litigious society, while others perceive them as essential elements in a rational cartel-enforcement program. In the European Union and […]

Foreign Direct Investment and Competition in Mexico

Alejandro Faya, Dec 12, 2012 Under the old Mexican protectionist model the commercial barriers were aimed at substituting imports for domestic production and foreign investors were not supposed to distress local entrepreneurs. Moreover, the intervention of the Government in the economy through state-owned enterprises, direct financing, and subsidies was quite far-reaching. The model was very […]

Guidelines on Compliance Programs for the Legislation on Free Competition: An Effort to Promote Free Competition in Markets in Chile

Carolina Bawlitza, Mario Ybar, Dec 12, 2012 This article discusses recent activity in advocacy in Chile. On June 11, the FNE published the final version of the Guidelines for Compliance Programs of the Legislation on Free Competition, in which guidance is given about these services, in both general and abstract terms. The Guidelines describe elements […]