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For criminal violations of the Sherman Act, although guided by federal sentencing guidelines, U.S. Department of Justice has great latitude in recommending corporate cartel fines to the federal courts, and its recommendations are nearly always determinative. In this paper, we analyze the...
Persistent link: https://www.econbiz.de/10013085647
This comment is submitted to the U.S. Antitrust Agencies by the Global Antitrust Institute (GAI) at Scalia Law School, George Mason University on the Agencies' Proposed Update of the Antitrust Guidelines for the Licensing of Intellectual Property. The GAI Competition Advocacy Program provides a...
Persistent link: https://www.econbiz.de/10012982808
This article examines the nature of the effect of the U.S. Supreme Court's Empagran decision through the lens of the global vitamins cartel, using legal and economic analysis and also empirical data to describe the effect. The article commences with a discussion of the analytic approach adopted...
Persistent link: https://www.econbiz.de/10014051606
For several years, an increasing number of commentators have been expressing concern that the U.S. has a growing market power problem. Further that dysfunction in the U.S. antitrust institutions, and their failure to protect competition, has damaged the economy. These concerns have led to...
Persistent link: https://www.econbiz.de/10012841656
Persistent link: https://www.econbiz.de/10012907038
EU authorities increasingly take antitrust and data protection enforcement action against US internet companies. While many believe in digital protectionism, this paper looks at the foundations of data protection and antitrust policies across the Atlantic to propose an alternative explanation...
Persistent link: https://www.econbiz.de/10012853401
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...
Persistent link: https://www.econbiz.de/10012862194
Developed economies have historically been a model for emerging market economies, particularly in the development and enforcement of competition laws. Modifications to competition law rules in developed economies, however, may not always be practical for emerging market economies to adopt....
Persistent link: https://www.econbiz.de/10012923690
Consumers suffer from high drug prices, which stem in large part from pharmaceutical companies’ anticompetitive games. This essay discusses the crucial role antitrust enforcement agencies can play in addressing pay-for-delay settlements and product hopping and draws lessons from this...
Persistent link: https://www.econbiz.de/10013215870
This short article discusses the ruling that imposed a lifetime ban on “Pharma Bro” Martin Shkreli, perhaps the most notorious “bad actor” in the pharmaceutical industry, and required that he pay $65 million in excess profits he obtained from anticompetitive conduct relating to the drug...
Persistent link: https://www.econbiz.de/10013292616