Our Spring 2009 issue begins with a symposium on a selection of important judicial issues. Two American judges provide their perspectives on the use of economics in merger and antitrust cases. Judge Vaughan Walker, who presided over the Justice Department’s efforts to block Oracle’s acquisition of PeopleSoft, looks at the ability of economics to shed light on issues that judges care about in making their decisions. Judge Diane Wood, who sits on the Seventh Circuit Court of Appeals, gives a general look at the interaction between judges and the economic evidence that is presented to them. On the other side of the Atlantic Vivien Rose, who chairs the UK’s Competition Appeals Tribunal, examines the standards for reviewing the findings of competition authorities to whom the courts generally pay some deference. Ben Smulders, of the European Commission’s Office of Legal Services, addresses the impact of Commission guidelines and other pronouncements on judicial review.
The article is timely in light of the Commission’s recent guidelines on its enforcement priorities concerning exclusionary abuses under Article 82. We then turn to a series of articles on merger analysis. Two articles the first by Orley Ashenfelter, Dan Hosken, & Matthew Weinberg and the second by Dennis Carlton examine merger assessment. What evidence should we look at and how should we analyze that evidence to determine whether the enforcement agencies are too tough, too lenient, o
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