A PYMNTS Company

Horizontal Agreements

Green Deal: A Proposal to Revamp the Mexican Review of Collaborative Agreements in the Context of the Climate Crisis
 |  Dec 20, 2023

By Alejandra Palacios & Veronica Irastorza1   The economic system has historically undervalued or ignored environmental costs. As we face a climate emergency, it has become an area of much…

Settlement and Commitments in India: Tools for Effective and Timely Enforcement?
 |  Aug 20, 2023

By Sonam Mathur, Shubhang Joshi & Riya Shah1   In April 2023, the Indian Parliament passed the Competition Amendment Act, 2023 (“Amendment Act”), to amend the Competition Act, 2002 (“Competition…

Coordinated Effects and the Half-truth of the Lax Enforcement Narrative
 |  Jul 27, 2023

A debate is brewing between antitrust critics who claim that merger enforcement has been weak and fading since the 1980s and establishment defenders who respond that merger enforcement has stood…

Strategic Use of Public Price Indexes as a Collusive Device
 |  Jul 27, 2023

While public price indexes are widely used for the purpose of increasing market efficiency through information transmission, they can also be used strategically with an anti-competitive purpose. The mechanisms vary,…

Recent Advances in Economic Methodology for Coordinated Effects
 |  Jul 27, 2023

Coordinated effects have come to play a smaller role in merger enforcement over time. Antitrust agencies now tend to focus on unilateral effects allegations with coordinated effects playing at most…

Coordinated Effects of Mergers: The EC Perspective
 |  Jul 27, 2023

This article assesses the European Commission’s recent approach to coordinated effects in horizontal merger review. First, I provide an overview of the framework of assessment as described in the Horizontal…

The Prevalence of Coordinated Effects Theories in Uk and EC Merger Cases
 |  Jul 27, 2023

This article analyses UK and EC merger cases in the past ten years to assess the extent to which coordinated effects have played a role in the investigation. It finds…

Coordinated Effects in Times of Inflation
 |  Jul 27, 2023

The potential for unilateral announcements to facilitate coordination is well established. Nonetheless, enforcement against such announcements is low. With inflation at levels higher than that seen in recent decades, competition…

Navigating Choppy Waters Post-Patel: Lessons Learned from Insider Trading and Spoofing for Securing No-Poach Convictions
 |  Jul 20, 2023

By Byron R. Tuyay, Ashley Eickhof, and Jeff D. Martino*   I. Introduction In the last two years, the United States Department of Justice Antitrust Division’s (“Antitrust Division”) criminal enforcement…

A Review of the Economic Evidence on Noncompete Agreements
 |  May 31, 2023

By Gabriella Monahova & Kate Foreman1   I. Introduction In January, the FTC proposed a rule that would ban essentially all noncompete agreements (“noncompetes” or “NCAs”) in employment contracts.2 Noncompetes…

The U.S. Approach to Cartel Enforcement in Public Procurements
 |  Feb 16, 2023

While bid rigging and other offenses relating to procurement fraud are nothing new in the history of the Antitrust Division’s criminal enforcement efforts, the Division’s prioritization of and organization regarding…

Developments in Cartel Screening
 |  Jan 10, 2023

By Despina Pachnou & Daniel Westrik1   Interest in Cartel Screens Is Increasing Hard core cartels are a pervasive white-collar crime. Between 1990 and 2016, international cartels affected nominal sales…

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