CPI(5)1

From the Editor

David Evans, Apr 30, 2009

From the Editor: Spring 2009

The contributors to this issue well deserve thanks from the editorial team and our readers.

Judicial Issues From Both Sides of the Atlantic

Vivien Rose, Apr 30, 2009

Margins of Appreciation: Changing Contours in Community and Domestic Case Law

This article considers the circumstances in which a court, faced with a challenge to a decision taken by a primary decision-maker, accords a margin of appreciation to that decision-maker by limiting the intensity of its review.

Ben Smulders, Apr 30, 2009

Institutional Aspects of European Commission Guidance in the Area of Antitrust Law

From an institutional law perspective, the question arises how to qualify the more than thirty existing communications, notices and guidelines which the Commission has issued in the area of antitrust law.

Vaughn Walker, Apr 30, 2009

Merger Trials: Looking for the Third Dimension

The judge´s task is less one of economic learning than it is of using the economic analysis to bring the evidence into sufficient focus to reach a decision.

Diane Wood, Apr 30, 2009

Square Pegs in Round Holes: The Interaction between Judges and Economic Evidence

The judge has no choice but to study the economic evidence that is presented by the parties and to come to a conclusion that is consistent with that evidence. This paper considers whether judges have been up to that task.

Merger Analysis and Enforcement

Orley Ashenfelter, Daniel Hosken, Matthew Weinberg, Apr 30, 2009

Generating Evidence to Guide Merger Enforcement

This paper describes the need for retrospective analysis of past mergers in building an empirical basis for antitrust enforcement, and provides guidance on the key measurement issues

Dennis Carlton, Apr 30, 2009

Why We Need to Measure the Effect of Merger Policy and How to Do It

Retrospective studies that ask whether prices went up post-merger are surprisingly poor guides for analyzing merger policy.

Ilene Knable Gotts, James Rill, Apr 30, 2009

Reflections on Bush Administration M&A Antitrust Enforcement and Beyond

We will discuss the perception of lax antitrustenforcement, as well as what we believe is the actual status quo, as a basis for forecasting what future enforcement policy might be.

William Kovacic, Apr 30, 2009

Assessing the Quality of Competition Policy: The Case of Horizontal Merger Enforcement

This article suggests how a jurisdiction might best go about evaluating the quality of its competition policy system.

Current Case: Glaxo Greece

Louise Macnab, Robert O’Donoghue, Apr 15, 2009

Dominant Firms’ Duties to Deal with Pharmaceutical Parallel Traders FollowingGlaxo Greece

EU competition policy on dominant firms and pharmaceutical parallel trade wholesalers taking advantage of arbitrage possibilities to export drugs from a low-priced Member State to a higher-priced one reminds one of a debate between two famous economists…Both may be correct, for different reasons and from different perspectives.

Book Review: How the Chicago School Overshot the Mark

William Kolasky, Apr 30, 2009

Book Review: How the Chicago School Overshot the Mark

The contributors to the book argue forcefully the federal antitrust agencies and the courts have now overshot the mark in adopting too laissez-faire an approach to antitrust enforcement.

Joshua Wright, Apr 15, 2009

Overshot the Mark? A Simple Explanation of the Chicago School’s Influence on Antitrust

Despite a valiant effort well worth reading for any party interested in the future of antitrust policy, Overshot the Mark falls short of hitting its own.

Herbert Hovenkamp, Apr 30, 2009

The 1968 Neal Report: An Introduction and Reprint

Reading the Neal Report today is a trip to another world. But, in fact, it represented the received orthodoxy of its day. The tragedy of the Neal Report is that the model it represented was just on the verge of complete, catastrophic replacement.

The Classics: The 1968 Neal Report