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North America Column

Edited by Justin Stewart-Teitelbaum, Angela Landry & Tim Swartz

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...

Back to 2012: The Seventh Circuit’s Reliance on Pre-Actavis Law in...

By Michael A. Carrier*   2012 was a long time ago. Barack Obama was in the middle of his two terms as President. Hurricane Sandy...
Are Businesses Shying Away from Non-Competes in Response to Increased Antitrust Scrutiny of Labor-Related Issues?

Are Businesses Shying Away from Non-Competes in Response to Increased Antitrust...

By Bruce McCulloch, Meredith Mommers, & Tyler Garrett1   I. Increased Antitrust Scrutiny of Labor-Related Issues It is no secret that labor antitrust issues recently have received...
Criminal Enforcement of Section 2: What Would Be the Point?

Criminal Enforcement of Section 2: What Would Be the Point?

By Gregory J. Werden1   Assistant Attorney General (“AAG”) in charge of the Antitrust Division, Jonathan Kanter, vowed that, “if the facts and the law,...
Proposed Revision of the Efficiency Defense for Mergers in Canada’s Competition Act

Proposed Revision of the Efficiency Defense for Mergers in Canada’s Competition...

By Calvin Goldman, Richard Taylor, Nicolas Cartel, & Larry Schwartz1   In response to the consultation process initiated by Senator Howard Wetston “to promote additional...
Why I Think Congress Should Not Enact the American Innovation and Choice Online Act

Why I Think Congress Should Not Enact the American Innovation and...

By A. Douglas Melamed1   I thought antitrust law was working pretty well when I was in the Justice Department during the Clinton Administration.  Both the...
Solving the Lack of Competition in the Baby Formula Market

Solving the Lack of Competition in the Baby Formula Market –...

By Michal Halperin1   The recent baby formula crisis has shown the weaknesses of a market in which 80% of production is controlled by two companies...
Is Concentration Actually Increasing, or Are We Just Defining Markets More Narrowly?

Is Concentration Actually Increasing, or Are We Just Defining Markets More...

By Keith Klovers* & Robert Kulick**   In a recent notice requesting public comment on potential changes to merger enforcement, including revisions to the Horizontal Merger...
Dysfunction Junction: U.S. Merger Review Under the Biden Administration

Dysfunction Junction: U.S. Merger Review Under the Biden Administration

By Lindsey M. Edwards1   Introduction Antitrust enforcers, practitioners, and scholars descended upon Washington, D.C. this month for the ABA’s 70th Annual Section of Antitrust Law Spring...
Canada Looks at Revising Its Competition Act

Canada Looks at Revising Its Competition Act

By Thomas W. Ross1   Momentum is building for a potentially far-reaching review of Canada’s competition regime.2 Canada does not modify its competition statute frequently. The...
Going Backwards: The FTC’s New Prior Approval Policy

Going Backwards: The FTC’s New Prior Approval Policy

By John M. Yun1   On October 25, 2021, in a 3-to-2 vote, strictly along party lines, the Federal Trade Commission (“FTC”) announced a major policy...
Innovation: A Bridge to the New Brandeisians?

Innovation: A Bridge to the New Brandeisians?

By Richard J. Gilbert* & A. Douglas Melamed**   The push to reform antitrust law by more aggressive enforcement strategies and perhaps new legislation has been...
Breaking Up Firms

Breaking Up Firms

By John Kwoka & Tommaso Valletti1   I. Introduction Many features of antitrust policy continue to reflect strongly held priors rather than good economics and evidence. For...
Canadian Competition Policy Should Not Be Determined by U.S. Antitrust Enforcement

Skating on Thin Ice: Why Canadian Competition Policy Should Not Be...

By Navin Joneja & Matthew Prior1   The Biden Administration’s approach to aggressive antitrust enforcement is by now well documented, and serves as a stark reminder...
The Rise of the Labor-Antitrust Movement

The Rise of the Labor-Antitrust Movement

By Eric A. Posner1   Magicians frequently perform tricks by drawing audience members’ attention to an unimportant but visually arresting object so that they miss the...
Brandeis Chicago Schumpeter Future Competition Policy

Twilight of the Lodestars: Brandeis, Chicago, Schumpeter and the Future of...

By Joseph V. Coniglio1   “All becoming and growing — all that guarantees a future — involves pain.”2 Something like this may be said of U.S....
A Proposal to Invigorate Ex Post Merger Policy

A Proposal to Invigorate Ex Post Merger Policy

By Menesh S. Patel1   Introduction Consider a hypothetical merger subject to Hart-Scott-Rodino. Suppose that the merger receives a second request, but the reviewing agency ultimately determines...
Protecting Privacy: An Analysis of Apple’s iOS 14 Policy Updates

Harming Competition and Consumers Under the Guise of Protecting Privacy: An...

By D. Daniel Sokol & Feng Zhu*   Apple’s iOS 14 update represents an anti-competitive strategy disguised as a privacy-protecting measure. Apple now prohibits non-Apple apps...
CEO Compensation and Product Market Collusion

CEO Compensation and Product Market Collusion

By Sangeun Ha, Fangyuan Ma & Alminas Žaldokas1   Introduction Product market collusion cases are rampant and span different industries. Recent and ongoing investigations in the U.S....
Antitrust CALERA Capability Standards US Antitrust Enforcement

All Things Are Possible with Antitrust — CALERA, Capability Standards, and...

By Joseph V. Coniglio1   Introduction It is becoming a truism to say that competition policy is at an inflection point both in the United States...

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