State Created Barriers to Exit: The Example of the Acquisition of Alstom by General Electric

Nicolas Petit, March 20, 2016 This paper seeks to understand the competitive impact of State restrictions to M&A transactions that target domestic corporations. In the economic literature, a rich body of papers has examined the impact of State restrictions in terms of market access, international trade and FDI. In contrast, the consequences of State restrictions […]

FTC v. St. Luke’s: Is the Efficiencies Defense Dead or Alive?

FTC v. St. Luke’s: Is the Efficiencies Defense Dead or Alive?

This article is part of a Chronicle. See more from this Chronicle Deirdre McEvoy, Kathrina Szymborski, Apr 27, 2015 A recent Ninth Circuit ruling holding that the merger of St. Luke’s Health System, a not-for-profit health care system operating seven hospitals throughout Idaho, and Saltzer Medical Group, the largest independent multi-specialty physician group in Idaho, […]


In this issue: The subject of merger remedies dramatically demonstrates the increasing complexity of antitrust regulation. In this issue, organized by Danny Sokol, we look at problems with conditions imposed on proposed mergers, including (i) dealing with ever-changing high-tech markets, (ii) conflicts across multiple regimes, (iii) competition laws that deal with more than maintaining competitive markets, […]


In this issue: Competition authorities are looking hard at the economic theories that underlie the empirical analysis they use when evaluating mergers. With their recent merger guidelines, both the EC and U.S. competition authorities have introduced new methodology and emphasis—raising a lively debate in the process. This issue looks at the state of the art […]


Antitrust is definitely heating up, even if the economy isn’t. This issue brings us current on a global scale by first looking at merger activity in the United States, England, and India. Then we bring our readers up-to-date with current authority activity, including the FTC vs. Google, criminalization in Australia, and further thoughts on the […]

A Hard Landing in the Soft Drink Market ”MOFCOM’s Veto of the Coca-Cola & Huiyuan Deal

Fei Deng, Adrian Emch, Gregory Leonard, Apr 30, 2009 On March 18, 2009, China’s Ministry of Commerce (MOFCOM) issued its decision to block the proposed takeover by The Coca-Cola Company (Coca-Cola) of China Huiyuan Juice Group Limited (Huiyuan). This is the first time that MOFCOM has prohibited a transaction under the Anti-Monopoly Law (AML), in […]


In this issue: Whole Foods: A U.S. Perspective Charles Biggio, Sep 01, 2008 Whole Foods Impact on Unilateral Effects Now comes the decision of the U.S. Court of Appeals for the D.C. Circuit, reversing the district court’s denial of a preliminary injunction. There are many interesting aspects of the D.C. Circuit’s decision, including the FTC’s […]

Schneider Floodgates Open for Claims against Commission?

This article is part of a Chronicle. See more from this Chronicle Sebastian McMichael, John Schmidt, Aug 07, 2007 Introduction On July 11, 2007 the European Court of First Instance (CFI) ruled that Schneider Electric SA should be compensated for some of the losses suffered following the European Commission’s unlawful prohibition of its merger with […]


In this issue: The Schneider Decision Juan Rodriguez, Aug 06, 2007 Schneider Electric Damages Judgment: A New Era in EC Merger Control? The judgment of the Court of First Instance of July 11, 2007 awarding damages to Schneider Electric is unlikely to lead to a flood of merger-related damages litigation against the European Commission. Sebastian […]

The Commission’s Non-Contractual Liability in the Field of Merger Control “Don’t Use a Hammer When You Need a Screwdriver”

This article is part of a Chronicle. See more from this Chronicle Nicolas Petit, Miguel Rato, Jun 30, 2007 Introduction It has become conventional wisdom to view the rulings handed down by the Court of First Instance (CFI) in Airtours, Schneider, Tetra Laval and Impala as unprecedented setbacks for the European Commission (the Commission) that […]