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Navigating Economic Expert Work in Criminal Antitrust Litigation
 |  Apr 19, 2024

Criminal antitrust enforcement has recently attracted heightened attention due to several high-profile cases covered widely in the media. In this article, we provide insight into the role of economic experts…

Information Exchange In Criminal Antitrust Cases: How Economic Testimony Can Tip The Scales
 |  Apr 19, 2024

Over the past few years, the Antitrust Division of the Department of Justice has brought criminal cases built primarily around information exchanges among competitors. Information exchanges are not illegal by…

Economic Analysis in Criminal Antitrust Violations: A Review of Recent Matters Involving Expert Economist Testimony
 |  Apr 19, 2024

The use of economic analysis as a tool to assess issues in per se criminal antitrust violations has been a source of debate. On one hand, there have been questions…

China’s Review of Semiconductor Transactions
 |  Apr 16, 2024

Since the start of U.S.-China trade war in 2018, semiconductor companies found themselves in the center of crossfire in this smokeless war. As the U.S. government attempts to restrict China’s…

Systematic National Evidence of Steering by Real Estate Agents
 |  Mar 27, 2024

Policymakers have long worried that real estate agents steer their buyer clients away from properties that pay buyer agents low commissions. They consider commission-based steering a key reason why U.S.…

Compliance Now! Actionable Antitrust Advice for the Residential Real Estate Industry
 |  Mar 27, 2024

The residential real estate industry is attracting unprecedented scrutiny from government enforcers and private plaintiffs, with one jury in Missouri awarding a class of home seller plaintiffs a staggering $1.8…

New Ideas for Promoting Real Estate Brokerage Price Competition
 |  Mar 27, 2024

A prohibition against residential real estate listing agents setting the fees collected by buyer agents, as appears likely, will take a big step towards introducing price competition into the market…

Antitrust Policy and Legal Standards for Build-or-Buy Decisions
 |  Feb 29, 2024

By Jay Ezrielev1   I. Introduction The newly finalized U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) Merger Guidelines have excluded one of the most controversial statements…

Competitive Implications of Pricing Algorithms Under the United States Antitrust Laws
 |  Feb 28, 2024

Pricing algorithms increasingly are being used by various businesses, in various industries, to achieve various goals. An accurate understanding of the competition issues that may be raised by businesses’ use…

Data at the Frontline: The Economic Theories of Data-Centric Antitrust Enforcement
 |  Feb 16, 2024

Data is a strategic resource in the digital economy. The ability to rely on expansive, high-quality data sets has allowed firms not only to offer consumers cheaper and better products,…

Reducing Administrative Costs in U.S. Healthcare: Using Precedent Thinking to Develop Pathways to Innovative Solutions
 |  Feb 11, 2024

By Jacqueline Sandling, Barak D. Richman, Ken Favaro, Stefanos A. Zenios, & Kevin A. Schulman1   I. Introduction Though it has been long known that the American health system is…

New DOJ-FTC Merger Guidelines: Opportunities and Strategies for Merging Parties
 |  Jan 3, 2024

By Jeremy A. Sandford & Koren W. Wong-Ervin1   On December 18, 2023, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) jointly released the final version of…

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