In this issue:
Our final 2010 issue continues using a crystal ball. Our previous issue asked authors to look at the EU competition policy world of 2025. For this issue, we posed the same challenge to U.S. authors. Some chose very specific topics (tying, reverse payments) while others are broader in scope—but all have the courage of their convictions. And to wrap up the year in Asia, we’ve included an article analyzing the first year of India’s competition enforcement. Happy New Year, everyone!
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U.S. Antitrust in 2025
U.S. Antitrust 2025: How Have We Handled The Bulletproof Cartels?
Have we created what are, in effect, government-sanctioned, bulletproof, cartels? Kent Bernard (Fordham Law School)
2025: Reverse-Payment Settlements Unleashed
The year is 2025. For the past two decades, brand-name drug companies have settled infringement lawsuits with generic firms by paying them to drop their patent challenges. Michael Carrier (Rutgers Univ. School of Law—Camden)
The End of Per Se Illegal Tying
By the year 2025, the breadth of the per se rule will narrow yet again and federal courts will evaluate tying arrangements under the rule of reason. Christopher Leslie (Univ. of California Irvine School of Law)
Antitrust in 2025: Cartels, Agency Effectiveness and a Return to Back to the Future?
It is increasingly apparent that academics and competition agencies need to spend more time on the human dimension of competition policy. D. Daniel Sokol (University of Florida Levin College of Law)
Antitrust 2025
Any new policy cycle will be defined by three fundamental questions: What is competition? What are the goals of competition law? What should be the legal standards to promote these goals? (Maurice Stucke, University of Tennessee College of Law)
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India Competition—The First Year
Competition Commission of India’s Trysts with Law and Policy: Enforcement One Year On
2010 was a landmark year for the development of competition law in India, as it was the first full year with the substantive enforcement provisions of the Act in force. Pallavi S. Shroff & Harman Singh Sandhu (Amarchand & Mangaldas & Suresh A Shroff & Co.)
