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NYC Panorama

Could New York’s 21st Century Antitrust Act Usher a New Chapter...

By Shaoul Sussman (Institute for Local Self-Reliance)1   Over the last year, much-deserved attention has been paid to the ongoing Congressional antitrust investigation of Big Tech...
Facebook

An Anticlimactic Ending in the “Roadmap for an Antitrust Case Against...

By Chris Renner (Davis Wright Tremaine)1   The “Roadmap for an Antitrust Case Against Facebook” (the “Roadmap”) purports to explain how publicly available materials, sourced primarily...
Amex

Two Sides to Every Story: Growing Tensions Between Legal Rules and...

By Andrew J. Ewalt (Freshfields Bruckhaus Deringer US LLP)1   In Ohio v. American Express (Amex),2 the Supreme Court introduced into U.S. antitrust law a new...
health

Expectations for Healthcare Mergers During the Pandemic

By Andrew Elzinga, Avigail Kifer & Arthur Corea-Smith (Cornerstone Research)1   Trends in merger investigations related to the current COVID-19-induced downturn may be too new to...
Canada

Is the Rest of the World Moving Toward the Canadian Approach...

By Lawrence P. Schwartz, Ph.D. (Former Lay Member, Canadian Competition Tribunal)1   In one of his last public speeches, former Commissioner of Competition John Pecman proclaimed...
Boxing gloves

The Political Misuse of Antitrust: Doing the Right Thing for the...

By Spencer Weber Waller & Jacob E. Morse (Loyola University)*   Introduction The increased importance of antitrust as a campaign issue and a political conversation raises long-standing...
Grand Slam Breakfast

Break up Denny’s

By John D. Harkrider (Axinn, Veltrop & Harkrider LLP)*        Over the last six decades,1 millions of hungry Americans have pulled off the side of...

Antitrust and Tech: Europe and the United States Really Do Differ,...

By Gregory J. Werden (U.S. Department of Justice, Retired)1   In Antitrust and Tech: Europe and the United States Differ, and It Matters (CPI Antitrust Chronicle,...
Follow the Leader fishes

In Defense of Class Actions: A Response to Makan Delrahim’s Commentary...

By Michael D. Hausfeld, Irving Scher & Laurence T. Sorkin1   I. Introduction Few would argue with the proposition that, in the antitrust context, indirect purchaser class...
Law and Justice

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...
Tech image

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...
Patent stamp

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...

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