2013

We certainly experienced interesting times in 2013. Before the year fades away in the anticipation of even more excitement to come, we once again present a baker’s dozen of some of our best articles from 2013, chosen not only for their popularity but also for their variety. And we certainly want to take this opportunity […]

We’re looking at a pretty basic question in this issue—Has the definition of a cartel expanded so that a wider variety of antitrust violations are being brought as cartel violations? Our guest editor, Rein Wesseling, introduces the discussion with an indication that the answer may be an uncomfortable “yes.” Our contributors carry the argument forward […]

We’re observing the start of the holiday season with a cornucopia of controversial antitrust topics including FTC Commissioner Josh Wright’s response to our September colloquium on unfair methods of competition authority under Section 5, CRA culpability, confidentiality exceptions in disclosure, accurate damages calculation, compensating whistleblowers, the Gazprom case, and snack food dominance carried too far. […]

RPM is one of the hottest areas of competition law in the world. In our last issue we looked at a Chinese landmark case and started our global review, moving on to SE Asia, Australia, South Africa, and Brazil. In this issue, we’re checking in on Europe, where the EU seems to be mostly deferring to the Nation States (who […]

RPM is one of the hottest areas of competition law in the world. A recent Chinese landmark case—Johnson & Johnson—was not only the first significant case won by a private litigant in China, but it marked the first time a Chinese Court has publicly expanded on an appropriate RPM approach. Our guest Editor, Adrian Emch, author of China’s […]

This issue, compiled with Danny Sokol’s guidance, dives into the very murky waters of patents and acronyms—SEPs, FRANDs, non-SEPs among others. As one of our esteemed authors notes, antitrust lawyers and economists are scrutinizing these with “vigor, fascination, and (sometimes) an admirable level of obsession.” So do SEPs (and their relatives) warrant special antitrust consideration? […]

Jonathan Kanter, Oct 15, 2013 These days, it is difficult to identify an antitrust issue that is generating more discussion than standard-essential patents. To some, SEPs are to antitrust what Breaking Bad is to television: a complex and important subject worthy of discussion. To others, SEPs are to antitrust what Miley Cyrus is to pop […]

Last June, the U.S. Supreme Court finally tackled Reverse Payments. In Actavis, they leaned away from many lower court decisions and acknowledged that reverse payments (or “pay for delay”) can create antitrust violations. But they didn’t give the FTC—who has waged war on the concept for several years—carte blanche. Our distinguished panel has had time […]

One of the consistently thorny issues in U.S. antitrust law is the rather vague boundary of Section 5 of the FTC Act, which concerns non-merger conduct that may not violate the Sherman Act but still constitutes harmful anticompetitive conduct. Recently, Commissioner Joshua Wright, followed by Commissioner Maureen Ohlhausen, issued calls for guidelines that would direct […]

Before we get back into the hectic fall season, we wanted to catch up with some competition authorities—especially looking at how they’ve faced difficult challenges involving new legislation, new structures, and new authority. So join us as we check in on China, India, Brazil, Mexico, France, Germany, the United Kingdom, and last—but certainly not least—Poland […]

In June, the EC published a draft proposal intended to both increase private antitrust enforcement, esp. damages actions, as well as improve conformity in national courts. As our guest editor Andreas Reindl—who has organized a sterling group of contributors—says in his introduction, “When the Commission drafts legislation in a controversial area with no prior history […]

This issue we asked some noted economists to opine on hot antitrust topics, presenting viewpoints that considered both theory and practice. The results were both thought-provoking and diversified. Two articles on the recent Apple eBook case consider how the ruling changes MFN agreements. Then we analyze what the backlash against experimental economics realistically means for […]