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Canada’s Competition Act: The Reform Process Continues
 |  Nov 13, 2023

By Thomas W. Ross1   The process of revisiting the elements, and even the goals, of competition policy in Canada continues, with important recent steps including the conclusion of extensive…

Vertical Merger Enforcement: Where Do We Go from Here?
 |  Oct 18, 2023

By Sergei Zaslavsky & Tyler Helms1   I. Introduction In July 2023, a federal district court rejected the Federal Trade Commission’s bid to block Microsoft’s acquisition of video game company…

Draft Merger Guidelines Replace the Consumer Welfare Standard with Uncertainty and Confusion
 |  Sep 20, 2023

By Jay Ezrielev and Joseph J. Simons September 20, 2023 Abstract The recently released draft Merger Guidelines have eliminated the Consumer Welfare Standard as a foundational principle of merger enforcement.…

Two Bridges Too Far: First Take on the Draft Merger Guidelines
 |  Sep 5, 2023

By Gregory J. Werden1   The form of the draft Merger Guidelines (“dMGs”) released by the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC,” and collectively, “the Agencies”)…

Non-Competes: If You Can’t Use Them There, Can You Use Them Anywhere? What New York’s Potential Non-Compete Ban Adds to the Labor and Antitrust Conversation
 |  Aug 8, 2023

By Jaclyn Phillips, Kathryn Mims, & Katya El Tayeb1   Employee non-compete agreements, by eponymous definition, are covenants that restrict trade. These common terms in employment agreements limit or restrict…

Deepening Fault Lines: Diverging Antitrust Enforcement at the DOJ and FTC
 |  Aug 3, 2023

By Elyse Dorsey1   “A fault is a fracture or zone of fractures between two blocks of rock. Faults allow the blocks to move relative to each other. This movement may occur…

Loosening the Hold of Big Tech on the Cloud: Can the Market (and a Merger) Help?
 |  Jun 13, 2023

By Allen P. Grunes1   Businesses continue to migrate IT functions to the cloud at a rapid pace. One estimate predicts cloud services will grow by more than 20% this…

A Review of the Economic Evidence on Noncompete Agreements
 |  May 31, 2023

By Gabriella Monahova & Kate Foreman1   I. Introduction In January, the FTC proposed a rule that would ban essentially all noncompete agreements (“noncompetes” or “NCAs”) in employment contracts.2 Noncompetes…

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