Spotlight on the FTC’s Hearings on Competition and Consumer Protection

Spotlight on the FTC’s Hearings on Competition and Consumer Protection

November 2018 Spotlight on the Federal Trade Commission’s Hearings on Competition and Consumer Protection By Tianran “Tinny” Song (Labaton Sucharow)1 Click here for a PDF version of the article   Introduction The Federal Trade Commission’s Hearings on Competition and Consumer Protection in the 21st Century at George Mason University’s Scalia Law School featured a discussion […]

Recommendations Following the FTC’s October 2018 Hearings on IP and Innovation

Recommendations Following the FTC’s October 2018 Hearings on IP and Innovation

October 2018 Recommendations Following the FTC’s October 2018 Hearings on IP and Innovation By Koren W. Wong-Ervin & Dr. Georgios Effraimidis1 Click here for a PDF version of the article   On October 23-24, 2018, the U.S. Federal Trade Commission (FTC) held hearings on intellectual property (IP) and innovation as part of its broader ongoing hearings […]

Hayek as a New Brandeisian? The Need to Distinguish Theory from Practice in Hayekian Competition Policy

Hayek as a New Brandeisian? The Need to Distinguish Theory from Practice in Hayekian Competition Policy

October 2018 Hayek as a New Brandeisian? The Need to Distinguish Theory from Practice in Hayekian Competition Policy By Joseph V. Coniglio (Wilson Sonsini Goodrich & Rosati)1 Click here for a PDF version of the article   Introduction The New Brandeis Movement (“NBM”) initially appeared to constitute a broad policy platform aimed at replacing antitrust […]

Before “After Consumer Welfare” — A Response To Professor Wu

Before “After Consumer Welfare” —  A Response To Professor Wu

July 2018 Before “After Consumer Welfare” — A Response To Professor Wu By A. Douglas Melamed (Stanford Law School)1 and Nicolas Petit (Hoover Institution)2 Click here for a PDF version of the article   Introduction In a short article After Consumer Welfare, Now What? The “Protection of Competition” in Practice, Professor Tim Wu proposes abandoning […]

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 […]