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...

A large and growing number of regulators and academics, while recognizing the benefits of standardization, view skeptically the role standard setting organizations (SSOs) play in facilitating standardization and commercialization of intellectual property rights (IPRs). Competition agencies and...

In FTC v. Actavis, the Supreme Court held that a brand payment to a generic to delay entering the market could have "significant anticompetitive effects" and violate the antitrust laws. In a narrow, formalistic ruling, the court in In re Lamictal held that such payments were limited to cash. On...

The enforcement policy of the Egyptian Competition Law reveals that there are two varying approaches in relation to the concept of related parties/single economic unit. The first requires for parties to be related, to be active in the same relevant market. This created discrepancies in practice....

When viewed through the lens of current practice, antitrust policy in the 1960s appears to be economically irrational. However, a closer look at Donald F. Turner's tenure as head of the Antitrust Division from 1965 to 1968 suggests otherwise. When Turner became Assistant Attorney General (AAG)...

As Judge Frank Easterbrook famously explained three decades ago, antitrust is an inherently limited body of law. In crafting and enforcing liability rules to combat market power and encourage competition, courts and regulators may err in two directions: they may wrongly forbid output-enhancing...

The damages directive recently adopted by the European Parliament and the Council contains a rebuttable presumption regarding the damage presumably caused by cartels. This rebuttable presumption, while allowing a reversal of the burden of proof which may be procedurally justified in facilitating...