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Antitrust Chronicle® – Failing Firm Defense

Summer 2020, Volume 3, Number 1

Dear Readers, This Chronicle addresses the failing firm defense in merger control. The failing firm defense is frequently invoked, but is seldom successful. In theory, at least, the defense has a certain intuitive appeal. By definition, for a merger to be illegal, its implementation must substantially lessen (or “significantly impede”) competition. If, in the counterfactual, […]

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This Chronicle explores the rapidly evolving intersection of foreign direct investment and technology, a space where traditional assumptions about openness, control, and market integration are being fundamentally reworked.


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