Volume 38, Issue 2
The Supreme Court’s Ohio v. American Express decision does not impose an insurmountable barrier to challenging anticompetitive conduct in so-called two-sided markets but instead offers both plaintiff…
Courts and juries have been reluctant to find that no-poach conduct qualifies as a criminal antitrust violation. This article explores the appropriate antitrust standard for no-poach agreements.
This article offers possible explanations for why the Antitrust Division at the U.S. Department of Justice has recently lost a number of criminal trials, based on author experience and interviews w…
Editors Note for Antitrust Magazine, Volume 38, Issue 2, Spring 2024. Michael Lindsey provides an overview of the Spring 2024 edition of Antitrust.
The article identifies some common criticisms of the Robinson-Patman Act, and disputes their logical and economic validity.
This article analyzes the new merger guidelines. Gregory J. Werden explores the concept of the word “risk” used throughout the guidelines in phrases such as “risk to competition.”…
This article provides an analysis of the Merger Guidelines’ presumptions and analytical frameworks that are in need of judicial scrutiny.
It has become commonplace for parties defending against FTC merger actions to challenge the constitutionality of the agency’s structure and practices. This article surveys the six constitutional cha…
Because identifying the relevant conduct is the first step of any antitrust analysis, courts must look for a large, unexplained reverse payment before applying the rule of reason under the Supreme Co…
We analyze a random sample of public comments submitted to the FTC on the proposed rule banning non-competes and find overrepresentation of certain segments of the economy.
Rebate contracting between drug manufacturers and PBMs and health plans faces increasing scrutiny for its impact on drug pricing. This article explores the theory behind so-called “rebate wall” clai…