May 08, 2023
Union Pacific Asks Federal Appellate Court to Overturn CPKC Merger
Union Pacific has filed a request with a federal appellate court to reverse the approval granted by the U.S. Surface Transportation Board for the merger of Canadian Pacific and Kansas...
April 12, 2023
Antitrust Chronicle® – Essential Facilities
Dear Readers, The essential facilities doctrine provides a generally recognized basis for imposing antitrust liability for unilateral refusals to deal. Classically, it has been claimed that a monopolist that denies...
April 12, 2023
Essential Facilities and the Zombie Apocalypse
At its core, the essential facilities doctrine (“EFD”) invariably involves property rights. The idea is that a party that indisputably owns rights to certain property must provide access to that...
April 12, 2023
Essential Facilities and the Law of the Hammer
The essential facilities doctrine has received a resurgence of interest recently, especially with regard to platform markets. Many references to the doctrine exaggerate its centrality to antitrust law; it is...
April 12, 2023
Dispelling Myths: The Essential Facilities Doctrine in the Digital Economy
The essential facilities doctrine is back. Yet, despite its recent endorsements, the doctrine’s criticisms linger. They range from allegations that monopolies lack incentives to monopolize adjacent markets to doubts about...
April 12, 2023
The Essential Facilities Doctrine: From Locomotives to Search Engines
The Essential Facilities doctrine began as an effort to balance the efficiency of asset-sharing against the need to promote competition. In practice, however, judges have nearly always ignored sharing except...
March 23, 2023
Transatlantic Perspectives On Interlocking Directorates
This article highlights the potential anticompetitive risks raised by interlocking directorates between competitors, as facilitating collusion, and possibly reducing the intensity of competition, especially if combined with financial links. In...
March 23, 2023
Interpreting Competition in Interlocking Directorates: Why The 1990 Amendments may...
Consistent with the Biden administration’s push for vigorous antitrust law enforcement, enforcers have begun to employ Section 8 to target interlocking directorates. Upon closer review, however, the 1990 amendments to...
January 30, 2023
CSX Has Lost Another Key Ruling In US Antitrust Suit
CSX has lost another key ruling in its antitrust lawsuit seeking greater access to a large Virginia port, after a US judge said he had no power to issue an...