In this paper, we describe the development and current status of anti-manipulation rules as they apply to wholesale electricity and natural gas markets in the United States and the European Union, including the institutions that are responsible for overseeing these rules. We then compare and...

This comment is submitted by the Global Antitrust Institute (GAI) at Scalia Law School at George Mason University to the U.S. Federal Trade Commission regarding its hearing on Concentration and Competitiveness in the U.S. Economy as part of the Hearings on Competition and Consumer Protection in...

This Article begins with a discussion of the U.S. approach to analyzing acquisitions of potential competitors. We explain the need for exacting standards, including due to the increased difficulties of predicting the future world without the acquisition. Unlike with actual competition, with...

Criminal cartel cases in the U.S. are at modern lows, spurring questions as to whether the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (ACPERA) and the Antitrust Division's criminal enforcement program continue to be effective and, if not, why not? In this Chapter, we offer...

We submit these comments to the Federal Trade Commission and the U.S. Department of Justice in their review of the Horizontal Merger Guidelines. The Agencies ask, in Question 8: “Should the Guidelines be revised to explain more fully than in the current §1.521 how market shares and market...

After two years of litigation, the Department of Justice (DOJ) and the 19 states suing Microsoft have proposed draconian remedies (Plaintiffs Proposed Final Judgment 2000, hereafter, PPFJ) to address the violations of the Sherman Act found by Judge Thomas Penfield Jackson (Conclusions of Law...

The recent Microsoft antitrust case had many profound implications, one of which was possible insight into the changing role of economics in antitrust. Microsoft started out as a "post-Chicago" theoretical case in which game theory and asymmetric information models suggested the software firm...

The problem of high pharmaceutical drug prices is a permanent object of global political debate. Nowadays this debate encompasses many different types of drugs, from innovative products and biologics to generic ones. Antitrust enforcement has traditionally targeted anticompetitive behaviour in...

The existence and the use of the essential facilities doctrine was questioned in theory and in practice. Although the doctrine was developed in antitrust, it became a frequently cited notion in the regulation of network utilities. Its relevance is hotly debated during the setup of the new...