U.S. courts are increasingly faced with resolving a fundamental conflict between the liberal scope of U.S. discovery and sovereign promises that certain information or evidence would remain confidential. Samuel R. Miller, Kristina Nordlander, & James C. Owens, Sidley Austin

Why was one traditional, well established plus-factors pleading “plausible†and a very similar one “implausible� Chris Sagers (Cleveland State Univ.)

Minn-Chem v. Agrium is the latest in a long line of opinions reflecting courts’ suspicions of private plaintiff efforts to expand the scope of private antitrust enforcement. Max Huffman (Indiana Univ.)

Enforcement restraint is particularly appropriate in circumstances where the conduct at issue, insofar as Canada is concerned, was not illegal at all. Mark Katz & Erika Douglas (Davies, Ward)

The methods recognized by U.S. courts and the European Commission underlying the procedural and quantitative tools and techniques for quantifying antitrust damages have more similarities than differences. Claire M. Korenblit (Sidley Austin)

We discuss what lessons market participants and regulators might draw from ongoing disputes. Per Hellström & Thomas Kramler (DG Comp)

The current patent environment’s stress on competition and innovation has caused several detrimental market effects. Ilene K. Gotts (Wachtell Lipton) & Scott A. Sher (Wilson Sonsini)

The current fining practices in single-firm conduct cases rest on shaky grounds and are potentially harmful. Benoît Durand (RBB Economics) & Andreas P. Reindl (Leuphana University)

The precise significance of innovation in EU competition law has remained, at best, opaque. Paul Lugard & David Cardwell (Baker Botts)

A careful observer could find that the enforcement authorities are actually beefing up their enforcement and composing themselves for more active applications of the AML in the future. Jun Wei (Hogan Lovells)