In Bowman v Monsanto, the United States Supreme Court will review a decision by the Federal Circuit creating an exception to the patent exhaustion doctrine for self-replicating technologies such as genetically modified germplasm propagated through seeds. This amicus brief represents the views of...

This On-Topic revisits the complex issues rising in the food sector and its value chain. Both the European Union and the US competition authorities have scrutinized relationships between food chain actors. The increasing market concentration raises new challenges for competition enforcement...

On January 18, 2022 the FTC and the Antitrust Division requested suggestions for improving the federal Horizontal Merger Guidelines. We filed this comment, urging the enforcers to strengthen the articulations of the incipiency doctrine and the Philadelphia National Bank presumption that are...

The Antitrust Division of the Department of Justice and the Federal Trade Commission have commenced a process of reviewing the Merger Guidelines that were last subject of a comprehensive revision in 1993. The agencies are holding a series of workshops and have solicited comments on a number of...

The Department of Justice and the Department of Agriculture have combined to hold a series of workshops related to the competitive issues affecting America's farmers and ranchers. These comments summarize the competitive issues merit attention in this process. On the farm output side they...

This essay reviews the dramatic changes in the structure of the markets in which farmers and ranchers sell their products as well as those that provide them with essential goods and services. These changes involve dramatic increases in concentration within the markets, substantially greater...

Farm cooperatives are important vehicles for the marketing of agricultural production. The Capper-Volstead Act's limited antitrust immunity and the Agricultural Marketing Agreement Act's authorization of cartels along with some other equally old statutes still structure much of the marketing...

This paper, which will be published as a chapter in Foundation Press's forthcoming volume of antitrust stories, reviews United States v. Topco Associates, the Supreme Court's 1972 decision holding that horizontal territorial divisions are per se unlawful under Section 1 of the Sherman Act. Most...