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The Criminal Prosecution of Hardcore Cartels in the USA and the EU

The Criminal Prosecution of Hardcore Cartels in the USA and the...

By Raphael Reims1   The criminal prosecution of hardcore cartels, i.e. the fixing of prices, imposition of output restrictions or the allocation of sales territories or...
2-Mandated Interoperability: The Cure is Worse than the Disease by Jay Ezrielev

Mandated Interoperability: The Cure is Worse than the Disease

Interoperability is an essential mechanism of modern communication. However, not all interoperability is benign or efficiency-enhancing. Interoperability has an alternative role as a tool...
5-Interoperability as a Remedy in Antitrust Cases by Mitch Stoltz

Interoperability as a Remedy in Antitrust Cases

Interoperability between the products and services of different firms promotes competition by lowering switching costs. Requiring dominant firms to make their products interoperable, or...
The Department’s Corporate Criminal Enforcement Policy Changes

The Department’s Corporate Criminal Enforcement Policy Changes: Implications for Antitrust Practice

By James W. Attridge1   On September 15, 2022, Deputy Attorney General Lisa Monaco announced revisions to the Department of Justice’s (the “Department”) corporate criminal...
1-How The New Anti-Merger Policy May Be The New Antitrust Paradox By Maureen K. Ohlhausen & Taylor Owings

How the New Anti-Merger Policy May Be the New Antitrust Paradox

Neo-Brandeisian policies that would chill acquisitions by highly capitalized companies, or companies with 30%+ market share in some related market, would remove from the...
2-New Merger Guidelines Should Keep The Consumer Welfare Standard By Mark Israel, Jonathan Orszag & Jeremy Sandford

New Merger Guidelines Should Keep the Consumer Welfare Standard

Recent statements by the heads of the Federal Trade Commission and Department of Justice suggest that new merger guidelines may replace the tried-and-tested consumer...
4-Treating Like Cases Alike: The Need For Consistency In The Forthcoming Merger Guidelines By Keith Klovers, Alexandra Keck & Allison Simkins

Treating Like Cases Alike: The Need for Consistency in the Forthcoming...

The U.S. Department of Justice and Federal Trade Commission are expected to release new merger guidelines soon. Among other requirements, the Agencies should strive...
8-Should Price Modeling Remain In The Merger Guidelines? By Malcolm B. Coate

Should Price Modeling Remain in the Merger Guidelines?

The 2022 revision of the Merger Guidelines is likely to introduce a number of controversial changes; this paper focuses on one potential change, the...
7-Quis Custodiet Ipsos Custodes? Behavioral Public Choice Theory and The Debate Over Antitrust Reform By Andrea Asoni

Quis Custodiet Ipsos Custodes? Behavioral Public Choice Theory and the Debate...

Behavioral economics has become an additional tool at the disposal of antitrust agencies and defense counsel. While the findings of behavioral economists are often...
ANTITRUST CHRONICLE - PRIVATE EQUITY - OCTOBER 2022

Antitrust Chronicle® – Private Equity

Dear Readers, This edition of the Chronicle focuses on private equity (“PE”) markets.  The PE industry has experienced extraordinary growth over the past few years. In...
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