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Causation Confusion – A Response to Judge Ginsburg & Wong-Ervin

 |  Dec 3, 2024

By A. Douglas Melamed1   In a recent column,2 Judge Douglas Ginsburg and Koren Wong-Ervin argue that the default causation standard under Section 2 of the Sherman Act is “the but-for causation standard” from Rambus v. FTC.3 The discussion is very abstract and, among other things, does not anchor the…

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Region

Africa
Enhancing the Effectiveness of Competition Regulation in Malawi
 |  Oct 10, 2024

By George Naphambo1   Background According to the United Nations Conference for Trade and Development (“UNCTAD”), the goal of both competition and consumer policies is to enhance consumer well-being2 by…

Asia
Observations on Anti-Monopoly Developments in China’s Pharmaceutical Industry and Suggestions for Compliance
 |  Oct 7, 2024

By Shujun Liu, Lanxue Zhao, Na Li & Xiaoyu Liu1   Ever since the implementation of the People’s Republic of China’s (“PRC”) Anti-Monopoly Law (the “AML”) in 2008, the pharmaceutical…

Latin America
Competition for Sustainability: The Sugar Case
 |  Oct 2, 2024

By María Fernanda Viecens1   Sugar: A History of Intervention, Protectionism, and Cartels The world sugar industry is characterized by strong regulations and protection by the State. These regulations and…

South Asia
DVT and the Limitations of ‘Local Nexus’ Test in India
 |  Nov 10, 2024

By Anisha Chand1 & Tanveer Verma2   On September 10 2024, the amendments to the Indian Competition Act, 2002 (Competition Act) regarding merger control came into force. A significant amendment…

Europe
New Commission Mandate: Why “Modernize” Competition Policy in Europe?
 |  Sep 30, 2024

By Cristina Caffarra1   Among many other recommendations, the Draghi Report2 contains an urgent invitation to “adapt European competition policy” to the grave challenges that Europe faces today. The Report…

US & Canada
Causation Confusion – A Response to Judge Ginsburg & Wong-Ervin
 |  Dec 3, 2024

By A. Douglas Melamed1   In a recent column,2 Judge Douglas Ginsburg and Koren Wong-Ervin argue that the default causation standard under Section 2 of the Sherman Act is “the…

ICN
Happy Birthday, ICN
 |  Dec 5, 2021

By Eleanor Fox1   Happy Birthday, ICN, from a fan who knew you when. But don’t lie on laurels bed. You have lots of work ahead. It is a pleasure…

Oceania
Public Tenders and Competition Law: Are We Acting Competitively in Australia?
 |  May 15, 2024

By Leandra Diem* & Barbora Jedličková**   The concept of competition law as it relates to public procurement is not a particularly common topic of discussion in Australia. Unlike in Switzerland…

Topic

Cartel
Criminal Antitrust Enforcement by the California Attorney General: What Can We Expect?
 |  Aug 15, 2024

By Niall E. Lynch & Sydney Kirlan-Stout*   I. Introduction Dating to 1907, California’s Cartwright Act1 is the primary state law through which private plaintiffs and state agencies challenge allegedly…

IP Law
What’s FRAND Got to Do With It: How Will Fair, Reasonable, and Non-Discriminatory Terms be Determined for Accessing Digital Platforms?
 |  Mar 17, 2024

By Richard S. Taffet and Nina Jayne Carroll1   I. INTRODUCTION FRAND is now a well-recognized acronym referring to licensing standard essential patents (“SEPs”) on fair, reasonable, and non-discriminatory terms.…