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.)

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

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)

The Supreme Court’s decision sets relatively clear limits on aspects of class certification that had become indistinct and thus improperly permissive. Donald M. Falk, Archis A. Parasharami, & Marcia E. Goodman (Mayer Brown)

Dukes is likely to have significant effect on the way antitrust class actions are litigated. William L. Monts III (Hogan Lovells)

That invitation will inevitably result in fewer class actions. Marcia McCormick (St. Louis Univ. School of Law)

Dukes did not address the requirement of predominanceâ€â€much less did it brighten the analysis or heighten the evidentiary standard by which predominance must be shown. Jay Himes & William Reiss (Labaton Sucharow LLP)