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North America Column

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

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...
Can We Teach Antitrust to an Algorithm?

Can We Teach Antitrust to an Algorithm?

By Giovanna Massarotto* & Ashwin Ittoo**   The answer is “Yes.” Prof. Ashwin Ittoo and I have built a machine learning (“ML”) algorithm — an AI...
Analyzing Nascent Competitor Acquisitions Rationally

Analyzing Nascent Competitor Acquisitions Rationally

By John M. Taladay & Jeffrey S. Oliver1   Many recent articles have posited that dominant companies are squelching competition by buying up nascent companies before...
A Proposed Pro-Labor Step for Antitrust

A Proposed Pro-Labor Step for Antitrust

By Russell Pittman1 & Chris Sagers2   Decades of aggressive mergers and acquisitions have concentrated markets, which can impose serious harm, including to the workers whose...
Digital Privacy

“Privacy Fixing” After Texas et al v. Google and CMA v....

By Tim Cowen, Claire Barraclough & Josh Koran1   Executive Summary Societies have designed antitrust laws to protect consumers from unfair practices (e.g. exclusive dealing, price fixing,...
A Note on Antitrust, Labor, and “No Cold Call” Agreements in Silicon Valley

A Note on Antitrust, Labor, and “No Cold Call” Agreements in...

By Russell Pittman (US Department of Justice)1   The issue of how to provide incentives for a private firm to invest in the knowledge and capabilities...
Vertical Mergers

Vertical Mergers and Input Foreclosure When Rivals Can Substitute Inputs: Safe...

By Serge Moresi & Marius Schwartz*   A vertical merger between a firm and an input supplier to that firm can generate efficiencies by eliminating double...
Google

The Google Complaint: A Step Backward for Antitrust Policy

By Jay Ezrielev (Elevecon)1   The U.S. Department of Justice (“DOJ”) and eleven states filed their Complaint against Google, accusing the company of anticompetitive conduct to...
Concentration is Not Producing Higher Profits or Markups

Concentration is Not Producing Higher Profits or Markups

By Joe Kennedy (ITIF)*   Introduction The United States is in the middle of a renewed debate on antitrust policy. Although most antitrust experts favor keeping some...

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