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Criminal Enforcement of Section 2: What Would Be the Point?

Criminal Enforcement of Section 2: What Would Be the Point?

By Gregory J. Werden1   Assistant Attorney General (“AAG”) in charge of the Antitrust Division, Jonathan Kanter, vowed that, “if the facts and the law,...
An Empirical & Theoretical Comparison of Alternative Predation Rules

Per Se Rule: “I’m Still Standing (Yeah yeah yeah!)”

By: Robert Connolly (Cartel Capers) It has become common for defendants indicted on criminal antitrust charges to argue that the use of the per se...
Amex

Disaggregating Market Definition: AmEx and a Plural View of Market Definition

By Daniel Francis (Harvard) & Jay Ezrielev (Federal Trade Commission) The orthodox view of market definition in antitrust cases is that the same principles of...
vertical agreements

Vertical Restraints (or Restrictions)

By Sandra Marco Colino (The Chinese University of Hong Kong) This paper explores the concept of vertical restraints or restrictions. It includes references to the...
Self-Preferencing Violate Section 2 Sherman Act

How Self-Preferencing Can Violate Section 2 of the Sherman Act

Self-preferencing occurs when a firm unfairly modifies its operations to privilege its own, another firm’s, or a set of firms’ products or services. Extensive...
Judge with gavel image.

My Proposal to Amend Section 1 of the Sherman Act

By: Robert Connolly (Cartel Capers) In the coming months there will be many proposals advanced to amend the Sherman Act.  My offering is to amend...
The Necessary Revival of Sherman Act Section 2

The Necessary Revival of Sherman Act Section 2

The application of the antitrust laws to single-firm behavior is challenging. On the one hand, neither courts nor government enforcers are well equipped, or...
Toward a Per Se Rule Against Price Gouging

Toward a Per Se Rule Against Price Gouging

Price gouging is the use of high prices to ration access to a good in unexpectedly short supply. Because sellers can always recoup their...
The Antitrust Perils of Sports Data For U.S. Sports Leagues

The Antitrust Perils of Sports Data For U.S. Sports Leagues

Sports data account for only a small percentage of the revenue generated by U.S. sports leagues. However, as states legalize sports betting, the demand...
COVID

Antitrust and Power: The State, the Market, and the Virus

By Eleanor M. Fox (New York University School of Law)1 Abstract: In this essay Professor Fox reflects on the sometimes delicate balance between private power...
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