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Horizontal Agreements

Competition for Sustainability: The Sugar Case
 |  Oct 2, 2024

By María Fernanda Viecens1   Sugar: A History of Intervention, Protectionism, and Cartels The world sugar industry is characterized by strong regulations and protection by the State. These regulations and…

The Aspen Misadventure
 |  Sep 27, 2024

In this article, we take a retrospective look at the Supreme Court’s decision in Aspen Skiing Co. v. Aspen Highlands Skiing Corp. We offer several criticisms of the Court’s ruling…

Criminal Antitrust Enforcement by the California Attorney General: What Can We Expect?
 |  Aug 15, 2024

By Niall E. Lynch & Sydney Kirlan-Stout*   I. Introduction Dating to 1907, California’s Cartwright Act1 is the primary state law through which private plaintiffs and state agencies challenge allegedly…

Information Exchange – Pitfalls from Recent Case Law and Enforcement Practice, and How to Avoid Them
 |  Aug 8, 2024

Information exchange has always been a sensitive area in EU and international competition law, with a chapter on the subject always featuring in the EU’s horizontal cooperation guidelines. However, the…

Antitrust Division Lawyers’ Recent Messaging on Prosecuting Defense Attorneys Should Disappear
 |  May 28, 2024

By Matthew D. Segal1   In January 2024, the Antitrust Division warned that a subpoena recipient’s failure to produce responsive documents from ephemeral messaging services “may result in obstruction of…

Experts Discuss Algorithmic Pricing at CPI’s European Conference
 |  Apr 21, 2024

At the inaugural European conference hosted by Competition Policy International (CPI) on March 22, 2024, titled “Dynamic Competition in Dynamic Markets: Charting the Path Forward?” held at SDA Bocconi School…

The Increased Importance of Economics in Cartel Cases
 |  Apr 19, 2024

The last two decades have seen a significant amount of actual or alleged cartel conspiracies uncovered, particularly in the financial sector, such as the discovery of the LIBOR rigging and…

A Law and Economics Analysis of the Antitrust Treatment of Physician Collective Price Agreements
 |  Apr 19, 2024

Physician groups charged with price-fixing are typically prosecuted under civil law rather than criminal law even assuming the per se illegality of such agreements. This paper employs a “law and…

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,…

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