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1-BRAVE NEW WORLD? By Stephen Kinsella & Karla Perca Lopez

Brave New World?

The UK’s Competition and Markets Authority is expected soon to get new powers to regulate digital companies with Strategic Market Status (“SMS”). Once the...
2-UPPING THE ANTE ON COMPETITION REGULATION GAMBLING WITH THE FUTURE OF BIG TECH

Upping the “Ante” on Competition Regulation: Gambling with the Future of...

Policymakers, regulators, and commentators alike have criticized antitrust enforcers’ attempts at constraining “Big Tech” as excessively lenient and far too slow. This perceived failure,...
6-BRUSSELS EFFECT? CONVERGENCE AND DIVERGENCE ON PLATFORM REGULATION IN TRANSATLANTIC COMPETITION POLICY By Will Leslie & John Eichlin

Brussels Effect? Convergence and Divergence on Platform Regulation in Transatlantic Competition...

The merits of ex ante regulation have sparked intense debate on both sides of the Atlantic. But their potential challenge to consistent Transatlantic competition...
An Examination of Canada’s Efficiencies Defense

Much Ado About Nothing? An Examination of Canada’s Efficiencies Defense

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...
2-Essential Facilities And The Law Of The Hammer By Thomas B. Nachbar

Essential Facilities and the Law of the Hammer

The essential facilities doctrine has received a resurgence of interest recently, especially with regard to platform markets. Many references to the doctrine exaggerate its...
7-Revival Of The Essential Facility Doctrine Is Not Essential; Joint Agency Guidelines Will Better Strengthen Monopolization Law By Bilal Sayyed

Revival of the Essential Facility Doctrine is not Essential; Joint Agency...

The Executive Branch, Congress, and the federal enforcement agencies are focused on the competitive impact of large, allegedly dominant technology platform companies.  The House’s Competition...
ANTITRUST CHRONICLE - March 2023 - Interlocking

Antitrust Chronicle® – Interlocking

Dear Readers, Minority shareholdings and interlocking directorships between competitors are, and have always been, a widespread practice in certain industries. Given that, on their face,...
1-TRANSATLANTIC PERSPECTIVES ON INTERLOCKING DIRECTORATES By Florence Thépot

Transatlantic Perspectives On Interlocking Directorates

This article highlights the potential anticompetitive risks raised by interlocking directorates between competitors, as facilitating collusion, and possibly reducing the intensity of competition, especially...
2- THE PECULIAR CASE OF HORIZONTAL DIRECTORS By Yaron Nili

The Peculiar Case of Horizontal Directors

Directors wield increasing influence in corporate America, making pivotal decisions regarding corporate affairs and management. A robust literature recognizes directors’ important role and examines...
3- INTERPRETING COMPETITION IN INTERLOCKING DIRECTORATES: WHY THE 1990 AMENDMENTS MAY EXCLUDE THE BROADER APPLICATION OF SECTION 8 By Nandu Machiraju, Darley Maw & Daniel Gao

Interlocking Directorates Under Section 8 of The Clayton Act: Driving a...

The U.S. Department of Justice and Federal Trade Commission have recently announced an aggressive approach to enforcing Section 8 of the Clayton Act, which...
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