This issue is a Santa grab bag with something for everyone—a collection of articles presenting the last word (for 2012 at least) on some of the issues we looked at this year. On the domestic front, Mandy Reeves analyzes how the Agencies’ reinvigorated litigation appetite affects merger analysis, Allen Grunes reveals the divergency between the DOJ and FTC in their approach to innovation, and Kevin O’Connor asks if the national and state authorities are playing nicely together. Internationally, Greta Lichtenbaum & Beth France look at the new FCPA guidance, John Connor studies private recoveries from criminal cartels, Alejandro Faya uses Mexico as a case study for FDI, and Mario Ybar & Carolina Bawletza highlight Chile’s efforts to encourage competition. Have a wonderful holiday season!
Getting in the Last Words
Hot Documents, CEOs as Star Witnesses, and Litigating to Win: What the FTC and DOJ’s Reinvigorated Litigation Strategy Means for Merger Review
Over the last decade, the evidence they view as the linchpin to their litigation strategy has, quite starkly, changed. Amanda P. Reeves (Latham & Watkins)
The Next Big Thing
As it stands now, there seems to be something of a digital divide between the DOJ and FTC. Allen Grunes (Brownstein Hyatt Farber Schreck)
The Ebb and Flow of Joint State and Federal Antitrust Enforcement: Is Everyone Playing Nice?
The procedural template governing joint state-federal merger reviews does not provide a controlling template for non-merger conduct cases. Kevin J. O’Connor (Godfrey & Kahn, S.C.)
The Extraterritorial Scope of the FCPA as Addressed in New Government Guidance
It signals that the government continues to take a broad view of the scope of its enforcement powers, particularly in the areas of jurisdiction over foreign persons and parent liability for actions of a subsidiary. Greta Lichtenbaum & Elizabeth France (O’Melveny & Myers LLP)
Private Recoveries In International Cartel Cases Worldwide: What Do The Data Show?
Examining the size and role played by private damages recoveries in antitrust suits directed at contemporary hard-core international price-fixing cartels. John Connor (Purdue Univ.)
Foreign Direct Investment and Competition in Mexico
Mexico is one of the most restrictive economies towards FDI in the world. Alejandro Faya (Mexico)
Guidelines on Compliance Programs for the Legislation on Free Competition: An Effort to Promote Free Competition in Markets in Chile
Guidelines that, we hope, will ultimately contribute to the creation of a competition culture in our country. Mario Ybar & Carolina Bawlitza (FNE)