This second of our special health-care series concerns health care mergers, perhaps the thorniest antitrust issue that ObamaCare presents. While the ACA encourages cost savings through ACOs and other means, the antitrust authorities continue to be skeptical of health care institution mergers. Do all health care mergers fall between a rock and a hard place? Our […]


With the Supreme Court ruling on Obama Care, much of the business world is focused on healthcare. In honor of that attention, we decided to devote several issues this summer to the big three antitrust issues in healthcare. The first issue is reverse payments, a perennial thorn-in-the-side for the FTC. For those who don’t know Cajun […]

A New Antitrust Battleground: Ebooks

Was the DOJ out to lunch when they brought suit against Apple and five major publishing houses alleging price-fixing and collusion on setting eBook prices? After all, the major beneficiary of the suit is Amazon, a dominant force in book-selling which many hold responsible for destroying other book sellers. On the other hand, prices for […]


Some of the most fascinating progress being made in modern competition policy is outside the box – in theory, yes, but also outside customary economic and financial centers. Our authors this month bring us up to date on recent advancements made in such diverse regions as Southern Africa, the Islamic World, Turkey, Israel, Albania, and […]


The U.K. competition authority structure is undergoing remodeling and we have several experts weighing in to take questions: How is the new organization going to react with other U.K. authorities? How best to integrate two different approaches to decision making? Should merger notification still be voluntary? What are the appropriate safeguards to ensure impartial decisions? […]


The intersection of antitrust and technology licensing and transfer has become wildly confusing and complex. Just look at all the acronyms: FRAND, RAND, SEP, SSO, TTBER, IPR, ETSI; or look at some of the other nomenclature – trolls, sticky patents, patent wars, holdups, patent thickets. And the number of lawsuits and regulatory actions is ever-increasing. […]


A number of entities are not very happy these days with the big three credit rating agencies. And that displeasure is stretched pretty much across the board, world-wide. Those who are displeased with recent ratings movements have been mulling over using competition policy and antitrust laws as a potential counter-attack; after all, there are only […]


We’re dealing with the world of technology this issue; in particular, a thorny issue that continuously rears its head—network neutrality. There is a lot of divisiveness around this issue—between the U.S. and EU regulatory approaches, between operators and legislators, between those who long for the original purity of the internet and those who forecast where […]


Our issue this month, organized by Rosa Abrantes-Metz, brings together antitrust theory and practice. We look at the econometric approach of screening as a way to identify possible cartels and other collusive activities, analyzing how to apply screens both from the regulators’ and the potential defendants’ perspectives. The analysis is illustrated with real-life applications to […]