North America Column

By Allen P. Grunes1   Businesses continue to migrate IT functions to the cloud at a rapid pace. One estimate predicts cloud services will grow by...

By Gabriella Monahova & Kate Foreman1   I. Introduction In January, the FTC proposed a rule that would ban essentially all noncompete agreements (“noncompetes” or “NCAs”) in...

By Sergei Zaslavsky & Tyler Helms1   The doctrine of predatory pricing has followed the vicissitudes of antitrust enforcement over the decades: from the plaintiff-friendly postwar...

By Michael Caldecott & Erin Keogh1   I. Introduction Canada’s competition regime substantively mirrors the regimes of other mature jurisdictions in almost all respects. The most noteworthy...

By Richard M. Steuer1   The Robinson-Patman Act is attracting growing attention as a tonic for small businesses. Created during the Great Depression, the Act has...

By Koren W. Wong-Ervin & Sam Sherman*   On November 10, 2022, the Federal Trade Commission (FTC) issued a new policy statement regarding the scope of...

By James W. Attridge1   On September 15, 2022, Deputy Attorney General Lisa Monaco announced revisions to the Department of Justice’s (the “Department”) corporate criminal...

By Michael A. Carrier*   2012 was a long time ago. Barack Obama was in the middle of his two terms as President. Hurricane Sandy...

By Bruce McCulloch, Meredith Mommers, & Tyler Garrett1   I. Increased Antitrust Scrutiny of Labor-Related Issues It is no secret that labor antitrust issues recently have received...

By Gregory J. Werden1   Assistant Attorney General (“AAG”) in charge of the Antitrust Division, Jonathan Kanter, vowed that, “if the facts and the law,...

By Calvin Goldman, Richard Taylor, Nicolas Cartel, & Larry Schwartz1   In response to the consultation process initiated by Senator Howard Wetston “to promote additional...

By A. Douglas Melamed1   I thought antitrust law was working pretty well when I was in the Justice Department during the Clinton Administration.  Both the...

By Michal Halperin1   The recent baby formula crisis has shown the weaknesses of a market in which 80% of production is controlled by two companies...

By Keith Klovers* & Robert Kulick**   In a recent notice requesting public comment on potential changes to merger enforcement, including revisions to the Horizontal Merger...

By Lindsey M. Edwards1   Introduction Antitrust enforcers, practitioners, and scholars descended upon Washington, D.C. this month for the ABA’s 70th Annual Section of Antitrust Law Spring...

By Thomas W. Ross1   Momentum is building for a potentially far-reaching review of Canada’s competition regime.2 Canada does not modify its competition statute frequently. The...

By John M. Yun1   On October 25, 2021, in a 3-to-2 vote, strictly along party lines, the Federal Trade Commission (“FTC”) announced a major policy...

By Richard J. Gilbert* & A. Douglas Melamed**   The push to reform antitrust law by more aggressive enforcement strategies and perhaps new legislation has been...

By John Kwoka & Tommaso Valletti1   I. Introduction Many features of antitrust policy continue to reflect strongly held priors rather than good economics and evidence. For...

By Navin Joneja & Matthew Prior1   The Biden Administration’s approach to aggressive antitrust enforcement is by now well documented, and serves as a stark reminder...