This article reviews the increased receptivity of the courts and commentators to the admission and consideration of evidence of proposed unilateral fixes after an antitrust complaint has been filed under Section 7 of the Clayton Act, and analyzes whether there is a sound basis on...

Predicting the competitive and economic impacts of business conduct and relationships ranging from horizontal marketing joint ventures to vertical restraints demands an assessment and understanding of "immeasurable dynamic relationships." Despite the assiduous efforts of economists and lawyers...

This article focuses on Covisint, describing how regulatory officials in the United States, Germany, and the European Community have chosen to exercise extraordinary flexibility in allowing Covisint (and other B2Bs) to form and undertake broad industry wide collaborations." Unquestionably, the...

This article examines whether the "old media" and the "new media", including the Internet, should be considered to be within the same relevant market for antitrust purposes. To do this the article first demonstrates that proper antitrust consideration of the role of non-price competition...

This article reviews the new Horizontal Merger Guidelines released on August 19, 2010, by the United States Department of Justice, through its Antitrust Division, and the Federal Trade Commission. The United States' New Horizontal Merger Guidelines converge towards and closely mimic their...

This article discusses the historical, cultural, and philosophical values that have helped mold modern China and its powerful and thriving economy, and examines how they have helped shape and influence China's current Anti-Monopoly Law, which has been in effect since 2008. China's Anti-Monopoly...

In recent years, a number of antitrust scholars, including the author, have sought to catalyze a new dialogue and debate, as to whether antitrust analyses and decisions should recognize and pay homage to moral norms of fairness and ethics. This article attempts to further spur this debate by...

This article reconsiders the issue of efficiencies and antitrust from the perspectives of evolutionary biology and the growing field of evolutionary economics. The article begins by discussing how the term efficiency as currently used in antitrust today is more of a term of social science and...

The recent GE/Honeywell skirmish between competing European and American antitrust enforcers shows that the fundamental battle between economic philosophies favoring greater concentration and (alleged) efficiency versus greater diversity and entrepreneurial opportunity is rekindling. The...

Building upon the evolutionary analyses in previous papers, this article recommends a new philosophical antitrust double helix that will generate increased enforcement of and compliance with the language and spirit of Section 2 of the Sherman Act and Section 7 of the Clayton Act. Following...