Reflections on Section 5 of the FTC Act & the FTC’s Case Against Intel

Daniel Crane, Feb 28, 2010 The Federal Trade Commission’s (“FTC’s”) unprecedented enforcement action against Intel raises profound issues concerning the scope of the FTC’s powers to give a construction to Section 5 of the FTC Act that goes beyond the substantive reach of the Sherman Act. While I have urged the FTC to assert such […]


In this issue: Our final 2010 issue continues using a crystal ball. Our previous issue asked authors to look at the EU competition policy world of 2025. For this issue, we posed the same challenge to U.S. authors. Some chose very specific topics (tying, reverse payments) while others are broader in scope—but all have the […]

Antitrust in 2025: Cartels, Agency Effectiveness and a Return to Back to the Future?

Daniel Sokol, Dec 16, 2010 Predicting the future is difficult. Advances in economics and antitrust law’s ability to incorporate such changes have been tremendous in the past 15 years. In 1985, Robert Zumekis’ movie Back to the Future came out. In that movie, Marty McFly (Michael J. Fox) travels back in time from 1985 to […]


In this issue: To wrap up 2010, under the sponsorship of Editorial Advisory Member James Killick, we decided to do a little crystal ball gazing. We asked seven European authors to look at what will be, needs to be, and might be changed in the EU competition policy world of 2025. Ken Daly writes, “… […]


In this issue: In August, the FTC and DOJ issued their new horizontal merger guidelines. In this special double issue, we explore if these new guidelines accomplish the Agencies’ stated goals: describing their go-to analytical techniques; increasing transparency of the review process; and developing a framework to assist the courts in interpreting the antitrust laws. […]


In this issue: Healthcare is not only a contentious antitrust issue, but a highly confusing one; we focus here on clinical integration. Christi Braun looks at the challenge of promoting cost-effective health care while controlling joint contracting; Heather Cooper gives some cautionary advice to physicians looking to join forces; Ashley Fischer & David Marx, Jr. […]


In this issue: This issue contains a special bonus, but first we take a look at two recent EU court decisions. Kent Bernard, Sean-Paul Brankin, and Kristina Nordlander & Patrick Harrison analyze the (at long last!) judgment on AstraZeneca, raising real concerns about the future of legal protection for IP and R&D. Angela Laghezza contributes […]


In this issue: This issue, organized by guest editor Paul Lugard, takes an indepth look at the pending revision of the EU competition rules on horizontal cooperation agreements. Paul leads off with a summary of the issues and an introduction to the articles, then Julia Holtz & Tero Louko weigh in on standard setting; Anne […]


In this issue: This issue, organized by guest editor Mark Katz, is dedicated to developments in Canadian competition law and policy. It is a little known fact that Canada enacted its first competition legislation one year before the U.S. Sherman Act became law. But it is certainly widely recognized that Canada is now one of […]

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