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...

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

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.)

Processes in Canada are similar to, but have important distinctions from, case resolution practices in other jurisdictions. Graham Reynolds, Q.C. (Osler, Hoskin & Harcourt)

Just like trials, hearing presentations are a form of competitive theater. They are the opportunity to bring your case alive, adding a dimension that cannot be portrayed in written documents .alone. Peter-Carlo Lehrell & David Lawsky, FIPRA Int'l

This article provides an overview of plaintiffs’ allegations, Judge Preska’s opinion, the Second Circuit’s decision, and outlines the authors’ views on the Second Circuit’s errors and the implications Starr will...

By stepping back from the overambitious antitrust agenda currently applied to joint ventures, the courts can create the clarity needed to allow joint ventures to fulfill the promise recognized in Copperweldâ€â€Ã¢â‚¬Å“increasing a firm’s efficiency and...

This article examines whether the Guidelines satisfactorily address the most common criticisms on the Oral Hearing. James Modrall & Ruchit Patel, Cleary Gottlieb