In this issue: Class Certification Kenneth Ewing, May 14, 2009 Hydrogen Peroxide: The Crest of the Wave Hydrogen Peroxide also offers some guidance on handling the ubiquitous battle of class action experts in antitrust cases. Katherine Funk, May 13, 2009 Toward Judicial Realism: The Evolution of Rule 23 Eschewing a formulaic rubber-stamping of plaintiffs claims […]

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 […]

This article is part of a Chronicle. See more from this Chronicle Barry Rodger, May 18, 2009 The recent merger between Lloyds/TSB and HBOS has again raised concerns regarding the increase in external control of Scottish companies and also demonstrates many facets of the merger control system in the United Kingdom which was revised by […]

This article is part of a Chronicle. See more from this Chronicle Richard Blakeley, Helen Davies, May 17, 2009 On December 10, 2008, the Competition Appeal Tribunal (“CAT”) handed down its judgment in Merger Action Group v Secretary of State for Business, Enterprise and Regulatory Reform [2008] CAT 36. The CAT decided: (i) that the […]

This article is part of a Chronicle. See more from this Chronicle Giovanni Cifelli, Philippe Noguès, May 18, 2009 On December 3, 2008, the Italian competition authority (the”ICA”) authorized the merger between Compagnia Aerea Italiana (“CAI”), a new Italian company incorporated in order to acquire most of the passenger-related assets of Alitalia, and AirOne, the […]

This article is part of a Chronicle. See more from this Chronicle Katherine Funk, May 13, 2009 The Rule 23 analysis is currently undergoing what can only be described as a seismic jurisprudential shift. A series of recent cases and recent amendments to Rule 23 auger a much more difficult road to certification for class […]

This article is part of a Chronicle. See more from this Chronicle J. Douglas Richards, May 13, 2009 In recent class action case law, the United States Courts of Appeals for the First, Second, and Third Circuits have modified governing legal standards that had been established law for decades, explicitly overruling some precedents and arguably […]

This article is part of a Chronicle. See more from this Chronicle Kenneth Ewing, May 14, 2009 On January 16, 2009, the Court of Appeals for the Third Circuit issued an amended decision in In re Hydrogen Peroxide Antitrust Litigation, resoundingly confirming that it requires rigorous assessment of whether a federal court claim qualifies for […]

Our Spring 2009 issue begins with a symposium on a selection of important judicial issues. Two American judges provide their perspectives on the use of economics in merger and antitrust cases. Judge Vaughan Walker, who presided over the Justice Department’s efforts to block Oracle’s acquisition of PeopleSoft, looks at the ability of economics to shed […]

Herbert Hovenkamp, Apr 30, 2009 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 views expressed there reflected the culmination […]

Joshua Wright, Apr 15, 2009 Overshot the Mark is an important collection of essays presenting a challenge to the Chicago School´s dominating influence on United States antitrust jurisprudence. It offers a proposal to supplant the Chicago School theoretical foundations of modern antitrust in favor of a Post-Chicago enforcement regime. Applying Stigler´s admonition that explanatory power […]

William Kolasky, Apr 30, 2009 A senior official in the Bush Antitrust Division has defended [recent] judicial decisions as signaling not less antitrust, but better antitrust. How the Chicago School Overshot the Mark seeks to debate this proposition. The contributors to the book, which include some of the nations most distinguished antitrust scholars, argue forcefully […]