The Chinese Vitamins Case: Who Decides Chinese Law?

The Chinese Vitamins Case: Who Decides Chinese Law?

March 2018 The Chinese Vitamins Case: Who Decides Chinese Law? By Daniel A. Crane1 Click here for a PDF version of the article   The U.S. Supreme Court is about to decide who decides what Chinese law is.2  The answer seems obvious:  the Chinese do!  Nonetheless, there is a serious possibility that the Court will […]

China, Export Cartels and Vitamin C: American Second?

China, Export Cartels and Vitamin C: American Second?

March 2018 China, Export Cartels and Vitamin C: American Second? By Eleanor M. Fox1 Click here for a PDF version of the article    Introduction The Supreme Court will soon decide an unusual price-fixing case:  In re Vitamin C Antitrust Litigation.2  It is unusual because the defendants – Chinese manufacturers – do not deny they […]

Canadian Competition Law Reform: A Diagnosis and Proposals for Reform of Canada’s Ineffective Merger Notification Rules

Canadian Competition Law Reform: A Diagnosis and Proposals for Reform of Canada’s Ineffective Merger Notification Rules

February 2018 Canadian Competition Law Reform: A Diagnosis and Proposals for Reform of Canada’s Ineffective Merger Notification Rules By David Rosner1 Click here for a PDF version of the article    Introduction Canada’s Competition Act (the “Act”), like competition laws in many other jurisdictions, contains merger notification rules.  Put simply, these rules require that where […]

Antitrust and Economic Liberty: A Policy Shift from the Trump Administration?

Antitrust and Economic Liberty: A Policy Shift from the Trump Administration?

January 2018 Antitrust and Economic Liberty: A Policy Shift from the Trump Administration? By Joseph V. Coniglio1 Click here for a PDF version of the article    Introduction In both the Department of Justice (DOJ) and the Federal Trade Commission (FTC), antitrust policy appears to be increasingly associated with economic liberty.2  Indeed, Assistant Attorney General […]

The KFTC’s Extraterritorial Overreach

The KFTC’s Extraterritorial Overreach

The KFTC’s Extraterritorial Overreach By James F. Rill & John M. Taladay* Click here for a PDF version of the article   Introduction The Korea Fair Trade Commission’s recent decision against Qualcomm is notable as one of the most significant examples of intentional territorial overreach by an antitrust enforcer in memory.[1]  The KFTC’s remedy ignores principles […]

The Department of Justice’s Long-Awaited and Much Needed Course-Correction on FRAND-Assured Standard-Essential Patents

The Department of Justice’s Long-Awaited and Much Needed Course-Correction on FRAND-Assured Standard-Essential Patents

The Department of Justice’s Long-Awaited and Much Needed Course-Correction on FRAND-Assured Standard-Essential Patents By Douglas H. Ginsburg & Koren W. Wong-Ervin[1] Click here for a PDF version of the article   On November 10, 2017, the Assistant Attorney General (AAG) for the Antitrust Division of the Department of Justice, Makan Delrahim, announced a crucial course-correction for […]

How the “New Brandeis Movement” Already Overshoots the Mark: Sketching an Alternative Theory for Understanding the Sherman Act as a Consumer Welfare Prescription

How the “New Brandeis Movement” Already Overshoots the Mark: Sketching an Alternative Theory for Understanding the Sherman Act as a Consumer Welfare Prescription

October 2017 How the “New Brandeis Movement” Already Overshoots the Mark: Sketching an Alternative Theory for Understanding the Sherman Act as a Consumer Welfare Prescription By Joseph V. Coniglio[1] Click here for a PDF version of the article For the past several decades, the antitrust laws have been expressly understood as a consumer welfare prescription.  Known […]

District Court Denies Motion to Dismiss FTC Section 5 Complaint Against Qualcomm

District Court Denies Motion to Dismiss FTC Section 5 Complaint Against Qualcomm

August 2017 District Court Denies Motion to Dismiss FTC Section 5 Complaint Against Qualcomm By Greg Sivinski[1] Edited by Koren Wong-Ervin Click here for a PDF version of the article   Early this year, the US Federal Trade Commission (“FTC”) filed a complaint in the Northern District of California charging Qualcomm with violating Section 5 of […]

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