In this issue: Revising the Merger Guidelines Malcolm Coate, Joseph Simons, Dec 16, 2009 Critical Loss vs. Diversion Analysis: Clearing up the Confusion There is considerable confusion in the antitrust community regarding the appropriate use of Critical Loss Analysis and its potential alternatives. Mary Coleman, Dec 16, 2009 The FTC and DOJ’s Horizontal Guidelines Review […]


In this issue: Antitrust & Innovation David Evans, Nov 25, 2009 The Middle Way on Applying Antitrust to Information Technology Antitrust analysis ought to account for special features of IT – just like it ought to account for special features of any industry under consideration. But there’s no particular reason to focus additional antitrust resources on […]


In this issue: Parental Liability John Clifford, Hayane Dahmen, Nov 12, 2009 Canadian Competition Authority’s Reach for Foreign Affiliates in its Cartel Investigations In general, Canadian courts and the Competition Bureau will not pierce the corporate veil to impose liability or find guilty foreign parents for the anticompetitive practices of their Canadian affiliates in the […]


In this issue: The Google Book Issue – The U.S. Viewpoint Timothy Brennan, Oct 30, 2009 The Proposed Google Book Settlement: Assessing Exclusionary Effects The Google Books matter brings to mind the increasing importance in an information-based economy of intellectual property in this case copyright and the tension many perceive between the exclusivity of IP […]


In this issue: Collective Dominance Frederic Depoortere, Giorgio Motta, Oct 08, 2009 The Doctrine of Collective Dominance: All Together Forever? What are the policy objectives underlying the collective dominance (“CD”) doctrine under Article 82 of the EC Treaty and what is the legal test governing its application? Even today these questions remain partially unanswered. Sophia […]

Unfair Methods of Competition Under Section 5 of the FTC Act: Does the U.S. Need Rules “Above and Beyond Antitrust?”

This article is part of a Chronicle. See more from this Chronicle Sep 24, 2009 It is often asserted that the prohibition on “unfair methods of competition” contained in Section 5 of the Federal Trade Commission Act provides the FTC with flexibility to attack competitive conduct that is proper when examined under the federal antitrust […]


In this issue: Of Current Interest Michael Baumann, Paul Godek, Sep 24, 2009 Reconciling the Opposing Views of Critical Elasticity We present a revised and more general critical elasticity model, one that might reconcile competing arguments. Malcolm Coate, Sep 24, 2009 Bush, Clinton, Bush: Twenty Years of Merger Enforcement at the Federal Trade Commission This […]

Carve-Outs Under Airline Antitrust Immunity: In the Public Interest?

This article is part of a Chronicle. See more from this Chronicle Jan Brueckner, Stef Proost, Sep 15, 2009 Prohibitions on cross-border airline mergers preclude full integration of U.S. and foreign carriers, but a grant of antitrust immunity (“ATI”) allows substantial cooperation between a U.S. airline and its foreign alliance partners. Immunity allows collaboration in […]


In this issue: Antitrust & Transportation   Don Baker, Bill Mullins, Sep 15, 2009 Railroad Antitrust Reform – A Train to Nowhere? Will the removal of the few antitrust exemptions currently granted to the rail industry be likely to result in the type of antitrust relief required to curtail what the shippers view as an abuse […]


In this issue: Ten to Date Thomas Barnett, Shimica Gaskins, John Graubert, Apr 15, 2009 Price Squeeze Claims Succumb to Need for “Clear Rules” The linkLine decision eliminates all price squeeze antitrust claims against defendants that have no antitrust duty to deal with competitors and reinforces several trends in recent Supreme Court decisions in the […]

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