If the case remains within the confines of the simple scenario, the wireless industry and merger law may be well-served, but a significant impact on antitrust law and policy will have to wait for another day. Jonathan Rubin (Rubin PLLC.)

This flurry of legislative activity raises the question: Can a state overturn Leegin consistent with the United States Constitution? The answer to that question is no, at least to the extent the state regulates conduct that is wholly outside its borders. Leiv Blad, Bryan Killian (Bingham)

There is scope to devise a more flexible and practical approach consistent with the concerns identified by the Commission. Yves Botteman & Kees J. Kuilwijk, Steptoe & Johnson

The competition rules embodied in these instruments are particularly important given the pervasiveness of vertical agreements. M. Brenning-Louko, Andrei Gurin, Luc Peeperkorn, & Katja Viertiö, DG Comp

The academic literature on loyalty discounts and exclusive dealing demonstrates that the welfare effects of these practices are ambiguous and that market details determine the direction of the effect. Assaf Eilat, Jith Jayaratne, Janusz Ordover (Compass Lexecon) & Greg Shaffer (University of...

The regulatory void has been filled, to some degree, by the decisions made by the Chinese courts in a number of high profile dominance cases. Martyn Huckerby & Sharon Wong (Mallesons)

This review of recent transactions handled by the CCI suggests that many of the early apprehensions about implementation of India’s merger control provisions were misplaced. R.Shyam Khemani (MiCRA), Cyril Shroff & Nisha Kaur Uberoi (Amarchand)

The FCC has come to play an increasingly problematicâ€â€and largely unstructuredâ€â€role in the government’s review of transactions in the communications industry. Larry Downes (Larry Downes Consulting Group) & Geoffrey A. Manne (International Center for Law &...

An unbounded Section 5 case will never be sustained by a reviewing court. Robert H. Lande & Jonathan L. Rubin

Research revealed problems with the assumptions that are made about the likely effects of criminalization on business behavior both as a deterrence mechanism and as a moral inducement. Caron Beaton-Wells (Univ. of Melbourne) & Christine Parker (Monash Univ.)