This Comment focuses on Section 7: Potential and Nascent Competition of the Department of Justice and Federal Trade Commission's January 18, 2022, Request for Information on Merger Enforcement. Despite information and uncertainty problems with assessing potential and nascent competition, the...

Although tossed against the rocks elsewhere, the Law and Economics' rational choice theories, within the quiet waters of antitrust, stand largely unchallenged. Antitrust's economic theories, premised on 'rational' profit maximizing behavior, enjoy the deep slumber of a decided opinion. Although...

Leniency applicants take on significant risks by self-reporting behaviors that may constitute competition law violations.To balance these risks, the requirements for conditional immunity should be set fairly by competition authorities, particularly when it comes to revoking immunity. This...

Over the past two to three decades economics has played an increasingly important role in the development of U.S. antitrust enforcement and policy. This essay first reviews the major facets of U.S. antitrust enforcement and next reviews the ways in which economics - starting from a low base -...

Antitrust law condemns price-fixing cartels and seeks to encourage private suits against the conspirators by automatically trebling antitrust damages and by providing for joint and several liability. Because the Supreme Court has held that there is no right to contribution among antitrust...

The Soviet Union dissolved on December 26, 1991. This accelerated a trend toward both the development of market economies and competition law to protect those economies. No one could have predicted that within twenty years most of the world’s trading economies would have adopted recognizable...

As the COVID-19 crisis unfolded, the European Commission (Commission) started labelling its enforcement of European Union (EU) competition law as exceptional. A Temporary Framework for State Aid was issued for the ‘current exceptional circumstances’ describing multiple types of aid dealing...

This article discusses the collaborative and complementary relationship between competition law and net neutrality rules for sustaining openness of the internet. Net neutrality is an ongoing debate since early 2000s regarding equal and fair treatment to data transmitted through network services....

European Community law has played a pivotal role in opening to competition economic sectors previously under the control of public monopolies. As with other sectors such as telecommunications, air transport, electricity, gas, and rail, the postal sector has succumbed to the wave of...

International cartelists today face antitrust investigations and possible fines in a score of national and supranational jurisdictions. This paper aims at providing quantitative information about the size and impacts of international cartel activity in Asia and uses a sample of modern private...