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Challenging Consummated Mergers Under Section 2

By Douglas H. Ginsburg & Koren W. Wong-Ervin*   In the last year, officials at the U.S. Antitrust Agencies have taken a number of troubling positions...

Turing the Screws on Illegal “Comprehensive Schemes”: The FTC and States’...

By Brendan Coffman, Thu Hoang & Nathan Mendelsohn (Wilson Sonsini Goodrich & Rosati)1   On January 27, 2020, the Federal Trade Commission (“FTC”) and the State...

AmEx: Beyond Transaction Platforms and Section 1

By Douglas H. Ginsburg & Koren W. Wong-Ervin* The Supreme Court’s 2018 decision in Ohio v. American Express (AmEx) sparked a number of debates over...

Merricks v. Mastercard: “Passing on” the U.S. Experience

By Makan Delrahim (Assistant Attorney General, Antitrust Division, U.S. Department of Justice)1   I. Introduction The mission of the Antitrust Division of the U.S. Department of...
COVID

Antitrust and Power: The State, the Market, and the Virus

By Eleanor M. Fox (New York University School of Law)1 Abstract: In this essay Professor Fox reflects on the sometimes delicate balance between private power...

The Risks of Radicalism: Exacerbating Harms from Type I Errors

By Koren W. Wong-Ervin, Anne Layne-Farrar & James Moore1   Calls to radically change U.S. antitrust law continue to be a focus of law and policy...

CPI Talks… with Representative Ro Khanna

In this edition of CPI Talks we have the pleasure of speaking with U.S. Representative Ro Khanna, of California’s 17th Congressional District. Thank you, Representative...

CPI Talks… with Senator Mike Lee

In this edition of CPI Talks, we have the pleasure of speaking with Senator Mike Lee, senior U.S. Senator for Utah, and Chair of...
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Grasping the Meaning of Big Tech Antitrust Consent

By Giovanna Massarotto (UCL & University of Iowa)1   I. Is Antitrust all about a Paradox? Many academic lawyers and economists see antitrust...
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A Ringing Endorsement of “Regulatory Humility”: The New U.S. Statement on...

By James F. Rill, Dina Kallay & James G. Kress1 I. INTRODUCTION On December 19, 2019, with little fanfare, the U.S. Department of Justice, Antitrust Division...

U.S. Vertical Merger Guidelines: Recommendations and Thoughts on EDM and...

By Koren W. Wong-Ervin (Qualcomm)1 The U.S. Antitrust Agencies’ Draft Vertical Merger Guidelines (“Guidelines”) are commendable in many ways; in particular, the Agencies’ faithfulness to...
Simons CPI Talks

CPI Talks… ...

In this month’s edition of CPI Talks we have the pleasure of speaking with Mr. Joseph Simons,1 the Chairman of the Federal Trade Commission. Thank...
Whistleblower Law

Prospects Improve for Enactment of the Criminal Antitrust Anti-Retaliation Act of...

By Mark L. Krotoski & Bernard W. Archbold (Morgan Lewis)1     On October 17, 2019, the U.S. Senate (“Senate”) unanimously passed the Criminal...

Dethroning the Digital Platform Champions

By John Pecman (Fasken)1 One has to applaud the success of the so-called “Tech Superstars”, often referred to as “GAFA” (Google, Amazon, Facebook, Apple). The...

DOJ’s Probe into Four Automakers: Impartial Investigation or Politicization of Antitrust?

By Grant Petrosyan (Constantine Cannon)1 On August 28, 2019, the United States Department of Justice...
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FTC v. Qualcomm: Origins and Problems

By Matthew Spitzer (Northwestern University)1 The District Court’s opinion finding Qualcomm guilty of antitrust violations in a case brought by the...

Countervailing Coordination Rights in the News Sector Are Good for the...

June 2019 Countervailing Coordination Rights in the News Sector Are Good for the Public (A Response to Professor Yun) By Sanjukta Paul & Hal Singer1 Professor...

A Bargaining Model v. Reality in FTC v. Qualcomm: A...

May 2019 A Bargaining Model v. Reality in FTC v. Qualcomm: A Reply to Kattan & Muris By Douglas H. Ginsburg & Joshua D. Wright...
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News Media Cartels are Bad News for Consumers

April 2019 News Media Cartels are Bad News for Consumers By John M. Yun (George Mason University)1 Antitrust has two legal standards by which to assess...

The Airbus and Boeing Duopoly: Would More Aggressive Antitrust Enforcement Benefit...

April 2019 The Airbus and Boeing Duopoly: Would More Aggressive Antitrust Enforcement Benefit the Commercial Aviation Industry? By Grant Petrosyan, Esq. (Constantine Cannon)1 It is no...

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