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curlIP: 751394859
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curlIP: 751394859
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curlIP: 751394859
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curlIP: 751394859
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HomeColumnsNorth America Column

North America Column

A Proposal to Invigorate Ex Post Merger Policy

A Proposal to Invigorate Ex Post Merger Policy

By Menesh S. Patel1   Introduction Consider a hypothetical merger subject to Hart-Scott-Rodino. Suppose that the merger receives a second request, but the reviewing agency ultimately determines...

Harming Competition and Consumers Under the Guise of Protecting Privacy: An...

By D. Daniel Sokol & Feng Zhu*   Apple’s iOS 14 update represents an anti-competitive strategy disguised as a privacy-protecting measure. Apple now prohibits non-Apple apps...

CEO Compensation and Product Market Collusion

By Sangeun Ha, Fangyuan Ma & Alminas Žaldokas1   Introduction Product market collusion cases are rampant and span different industries. Recent and ongoing investigations in the U.S....

“Privacy Fixing” After Texas et al v. Google and CMA v....

By Tim Cowen, Claire Barraclough & Josh Koran1   Executive Summary Societies have designed antitrust laws to protect consumers from unfair practices (e.g. exclusive dealing, price fixing,...

A Note on Antitrust, Labor, and “No Cold Call” Agreements in...

By Russell Pittman (US Department of Justice)1   The issue of how to provide incentives for a private firm to invest in the knowledge and capabilities...

Vertical Mergers and Input Foreclosure When Rivals Can Substitute Inputs: Safe...

By Serge Moresi & Marius Schwartz*   A vertical merger between a firm and an input supplier to that firm can generate efficiencies by eliminating double...

The Google Complaint: A Step Backward for Antitrust Policy

By Jay Ezrielev (Elevecon)1   The U.S. Department of Justice (“DOJ”) and eleven states filed their Complaint against Google, accusing the company of anticompetitive conduct to...

Concentration is Not Producing Higher Profits or Markups

By Joe Kennedy (ITIF)*   Introduction The United States is in the middle of a renewed debate on antitrust policy. Although most antitrust experts favor keeping some...

Shifting the Burden in Acquisitions of Nascent and Potential Competitors: Not...

By Jay Ezrielev (Elevecon)*   I. Introduction There is a heated debate in antitrust today about what lawmakers, courts, and enforcers should do about mergers between potential...
google

Possible Problems in the Google Case

By Gregory J. Werden & Luke M. Froeb1   Google invented neither the search engine nor the Internet browser, but it made them better. Competing on...
Umbrella

Umbrella Liability: Has Its Time Come?

By Michael D. Hausfeld & Irving Scher (Hausfeld)1   Introduction This Article addresses the case law and commentary dealing with the question of whether antitrust claims brought...
NYC Panorama

Could New York’s 21st Century Antitrust Act Usher a New Chapter...

By Shaoul Sussman (Institute for Local Self-Reliance)1   Over the last year, much-deserved attention has been paid to the ongoing Congressional antitrust investigation of Big Tech...
Facebook

An Anticlimactic Ending in the “Roadmap for an Antitrust Case Against...

By Chris Renner (Davis Wright Tremaine)1   The “Roadmap for an Antitrust Case Against Facebook” (the “Roadmap”) purports to explain how publicly available materials, sourced primarily...
Amex

Two Sides to Every Story: Growing Tensions Between Legal Rules and...

By Andrew J. Ewalt (Freshfields Bruckhaus Deringer US LLP)1   In Ohio v. American Express (Amex),2 the Supreme Court introduced into U.S. antitrust law a new...
health

Expectations for Healthcare Mergers During the Pandemic

By Andrew Elzinga, Avigail Kifer & Arthur Corea-Smith (Cornerstone Research)1   Trends in merger investigations related to the current COVID-19-induced downturn may be too new to...
Canada

Is the Rest of the World Moving Toward the Canadian Approach...

By Lawrence P. Schwartz, Ph.D. (Former Lay Member, Canadian Competition Tribunal)1   In one of his last public speeches, former Commissioner of Competition John Pecman proclaimed...
Boxing gloves

The Political Misuse of Antitrust: Doing the Right Thing for the...

By Spencer Weber Waller & Jacob E. Morse (Loyola University)*   Introduction The increased importance of antitrust as a campaign issue and a political conversation raises long-standing...
Grand Slam Breakfast

Break up Denny’s

By John D. Harkrider (Axinn, Veltrop & Harkrider LLP)*        Over the last six decades,1 millions of hungry Americans have pulled off the side of...

Antitrust and Tech: Europe and the United States Really Do Differ,...

By Gregory J. Werden (U.S. Department of Justice, Retired)1   In Antitrust and Tech: Europe and the United States Differ, and It Matters (CPI Antitrust Chronicle,...
Follow the Leader fishes

In Defense of Class Actions: A Response to Makan Delrahim’s Commentary...

By Michael D. Hausfeld, Irving Scher & Laurence T. Sorkin1   I. Introduction Few would argue with the proposition that, in the antitrust context, indirect purchaser class...

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