Ignoring the Lessons of Von’s Grocery: Some Thoughts on the FTC’s Opposition to the Whole Foods/Wild Oats Merger

This article is part of a Chronicle. See more from this Chronicle Thomas Lambert, Jun 14, 2007 One of the most maligned antitrust decisions in history involved a merger of grocery store chains. Even those voices inclined toward substantial antitrust intervention believe the Supreme Court erred in its 1966 Von’s Grocery decision, which condemned the […]

Bell Atlantic v. Twombly

This article is part of a Chronicle. See more from this Chronicle Max Huffman, May 29, 2007 Prof. Max Huffman was the author of the Brief of Amici Curiae Legal Scholars in Support of Petitioners filed in Bell Atlantic Corp. v. Twombly. On May 21, 2007 the Supreme Court reversed the unanimous decision of the […]

Recent Evolutions in Antitrust Enforcement: A Comparative Perspective

This article is part of a Chronicle. See more from this Chronicle Alberto Heimler, May 24, 2007 There are many philosophies of antitrust enforcement in the world, but in recent years we are witnessing greater and greater convergence. At the first ICN conference in Naples in 2002, Giuseppe Tesauro, then Chairman of the Italian Competition […]

Closing the Doors to (Antitrust) Plaintiffs?

This article is part of a Chronicle. See more from this Chronicle Randal Picker, May 24, 2007 This piece was originally published on the University of Chicago Law School Faculty Blog, reprinted here with the permission of the author. The original post, and comments thereto, may be found here. Today, in a 7-2 opinion, in […]

Twombly’s Impact on Motions to Dismiss

This article is part of a Chronicle. See more from this Chronicle Daniel Crane, May 22, 2007 Yesterday, in the Twombly case, the U.S. Supreme Court ruled that plaintiffs alleging a contract, combination, or conspiracy in violation of Section 1 of the Sherman Act must plead more than the conclusion that the defendants agreed to […]

OFT Discussion Paper on Private Enforcement

This article is part of a Chronicle. See more from this Chronicle Diana Good, May 04, 2007 The UK Office of Fair Trading’s (OFT) Discussion Paper on private actions (published on 18 April 2007) follows the European Commission’s Green Paper initiative with an emphasis on consumer actions. Whilst there are a number of sensible proposals […]

Bundled Discounts and Cascade Health Solutions v. PeaceHealth

This article is part of a Chronicle. See more from this Chronicle Daniel Crane, May 03, 2007 On March 20, 2007, a panel of the Ninth Circuit took the unusual step of issuing an open invitation for amicus curiae briefing on the liability rules governing bundled discounts. The Court’s order, in Cascade Health Solutions v. […]

The Office of Fair Trading and Private Antitrust Litigation

This article is part of a Chronicle. See more from this Chronicle Elizabeth Morony, Luke Tolaini, May 03, 2007 The UK Office of Fair Trading (OFT) has issued a discussion paper on proposals to make redress for consumers and business for breaches of competition law more effective. It wants to facilitate private actions to enforce […]

Thoughts on the Chicago Legacy in U.S. Antitrust

This article is part of a Chronicle. See more from this Chronicle Richard Schmalensee, May 02, 2007 This article is based on remarks prepared for delivery at the Georgetown Law School Conference “Conservative Economic Influence on U.S. Antitrust Policy,” April 2007. In preparation for writing this paper, I re-read Robert Bork’s The Antitrust Paradox, and […]

Structural Remedies in Section 2 Cases

This article is part of a Chronicle. See more from this Chronicle Richard Epstein, Apr 05, 2007 A Cautionary Note on Antitrust I very much appreciate the opportunity to present my views to this Joint Committee of the Department of Justice and the Federal Trade Commission on the use of structural remedies in Sherman Act […]