US
Edited by Justin Stewart-Teitelbaum, Angela Landry & Tim Swartz
Loosening the Hold of Big Tech on the Cloud: Can the...
By Allen P. Grunes1
Businesses continue to migrate IT functions to the cloud at a rapid pace. One estimate predicts cloud services will grow by...
A Review of the Economic Evidence on Noncompete Agreements
By Gabriella Monahova & Kate Foreman1
I. Introduction
In January, the FTC proposed a rule that would ban essentially all noncompete agreements (“noncompetes” or “NCAs”) in...
A Sheep in Wolf’s Clothing: Predatory Pricing, Platform Antitrust, and the...
By Sergei Zaslavsky & Tyler Helms1
The doctrine of predatory pricing has followed the vicissitudes of antitrust enforcement over the decades: from the plaintiff-friendly postwar...
Much Ado About Nothing? An Examination of Canada’s Efficiencies Defense
By Michael Caldecott & Erin Keogh1
I. Introduction
Canada’s competition regime substantively mirrors the regimes of other mature jurisdictions in almost all respects. The most noteworthy...
Robinson-Patman Redux: A Visit to Falls City
By Richard M. Steuer1
The Robinson-Patman Act is attracting growing attention as a tonic for small businesses. Created during the Great Depression, the Act has...
The FTC’s New Unfair Methods of Competition Policy Statement: To What...
By Koren W. Wong-Ervin & Sam Sherman*
On November 10, 2022, the Federal Trade Commission (FTC) issued a new policy statement regarding the scope of...
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...
Back to 2012: The Seventh Circuit’s Reliance on Pre-Actavis Law in...
By Michael A. Carrier*
2012 was a long time ago. Barack Obama was in the middle of his two terms as President. Hurricane Sandy...
Are Businesses Shying Away from Non-Competes in Response to Increased Antitrust...
By Bruce McCulloch, Meredith Mommers, & Tyler Garrett1
I. Increased Antitrust Scrutiny of Labor-Related Issues
It is no secret that labor antitrust issues recently have received...
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,...
Proposed Revision of the Efficiency Defense for Mergers in Canada’s Competition...
By Calvin Goldman, Richard Taylor, Nicolas Cartel, & Larry Schwartz1
In response to the consultation process initiated by Senator Howard Wetston “to promote additional...
Why I Think Congress Should Not Enact the American Innovation and...
By A. Douglas Melamed1
I thought antitrust law was working pretty well when I was in the Justice Department during the Clinton Administration. Both the...
Solving the Lack of Competition in the Baby Formula Market –...
By Michal Halperin1
The recent baby formula crisis has shown the weaknesses of a market in which 80% of production is controlled by two companies...
Is Concentration Actually Increasing, or Are We Just Defining Markets More...
By Keith Klovers* & Robert Kulick**
In a recent notice requesting public comment on potential changes to merger enforcement, including revisions to the Horizontal Merger...
Dysfunction Junction: U.S. Merger Review Under the Biden Administration
By Lindsey M. Edwards1
Introduction
Antitrust enforcers, practitioners, and scholars descended upon Washington, D.C. this month for the ABA’s 70th Annual Section of Antitrust Law Spring...
Canada Looks at Revising Its Competition Act
By Thomas W. Ross1
Momentum is building for a potentially far-reaching review of Canada’s competition regime.2 Canada does not modify its competition statute frequently. The...
Going Backwards: The FTC’s New Prior Approval Policy
By John M. Yun1
On October 25, 2021, in a 3-to-2 vote, strictly along party lines, the Federal Trade Commission (“FTC”) announced a major policy...
Innovation: A Bridge to the New Brandeisians?
By Richard J. Gilbert* & A. Douglas Melamed**
The push to reform antitrust law by more aggressive enforcement strategies and perhaps new legislation has been...
Breaking Up Firms
By John Kwoka & Tommaso Valletti1
I. Introduction
Many features of antitrust policy continue to reflect strongly held priors rather than good economics and evidence. For...
Skating on Thin Ice: Why Canadian Competition Policy Should Not Be...
By Navin Joneja & Matthew Prior1
The Biden Administration’s approach to aggressive antitrust enforcement is by now well documented, and serves as a stark reminder...
