Competition policy is entering a new age. Interest in competition laws has increased world-wide, and the United States no longer holds a monopoly on antitrust policy. In the aftermath of the financial crisis, the question for competition authorities is whether and to what extent does bounded...

Over the last few years, the Federal Trade Commission (“FTC”) has awakened Section 5’s “unfair methods of competition” prong from its slumber and ignited a debate about when, if ever, it is proper to use Section 5 to reach conduct beyond the Sherman Act’s four corners. Complicating...

Food and Drug Administration (FDA) citizen petitions have received attention as a possible means of inhibiting generic pharmaceutical competition. Citizen petitions are submissions designed to alert the FDA to possible scientific and safety issues related to regulated products or agency...

In March 2009, the D.C. District Court enjoined the proposed merger between automobile insurance software system providers CCC Information Services and Mitchell International, resulting in the parties abandoning the transaction. The case marked the FTC’s first district court victory in a...

There have been calls for the Federal Trade Commission and U.S. Department of Justice to consider the potential loss of consumer privacy as a factor in their merger reviews and to challenge mergers of firms with large stores of personal data that otherwise pose no competitive issues. I contend...

In 2010, President Obama signed into law the Biologics Price Competition and Innovation Act, which created an abbreviated approval pathway for competing versions of previously-approved biologics. Passage of this legislation and the impending introduction of follow-on biologics, or biosimilars,...

Recently, there have been calls for antitrust intervention to address concerns related to big data, particularly big data consisting of personal information. According to these advocates, big data presents a significant entry barrier for online services that has led to entrenchment of large...

This study examines the theories of harm and types of evidence associated with in-depth merger investigations at the FTC during a recent four-year period and, based on this examination, offers practical guidance regarding the factors that appear to be most relevant at the initial phase of an FTC...

The global financial crisis has drastically altered the market for corporate acquisitions. With many potential buyers unable to secure funding, potential sellers now have significantly fewer options than in the past. Others have observed that merger agreements have therefore shifted from...

At least since the early 1980s, the core principles of merger enforcement policy have been stable. Horizontal mergers that create, enhance, or facilitate the exercise of market power and vertical transactions that adversely affect horizontal competition are condemned, and consumer welfare is the...