Tag: Enforcement
Executives Indicted, But Will the Companies Follow? The Increasingly Aggressive Focus...
By Lisa M. Phelan, Joseph Charles Folio III, & Samuel Pollock-Bernard*
In 2020, the U.S. Department of Justice’s Antitrust Division indicted 10 corporate executives in...
The Criminal Prosecution of Hardcore Cartels in the USA and the...
By Raphael Reims1
The criminal prosecution of hardcore cartels, i.e. the fixing of prices, imposition of output restrictions or the allocation of sales territories or...
Mandated Interoperability: The Cure is Worse than the Disease
Interoperability is an essential mechanism of modern communication. However, not all interoperability is benign or efficiency-enhancing. Interoperability has an alternative role as a tool...
Interoperability as a Remedy in Antitrust Cases
Interoperability between the products and services of different firms promotes competition by lowering switching costs. Requiring dominant firms to make their products interoperable, or...
The Department’s Corporate Criminal Enforcement Policy Changes: Implications for Antitrust Practice
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...
How the New Anti-Merger Policy May Be the New Antitrust Paradox
Neo-Brandeisian policies that would chill acquisitions by highly capitalized companies, or companies with 30%+ market share in some related market, would remove from the...
New Merger Guidelines Should Keep the Consumer Welfare Standard
Recent statements by the heads of the Federal Trade Commission and Department of Justice suggest that new merger guidelines may replace the tried-and-tested consumer...
Treating Like Cases Alike: The Need for Consistency in the Forthcoming...
The U.S. Department of Justice and Federal Trade Commission are expected to release new merger guidelines soon. Among other requirements, the Agencies should strive...
Should Price Modeling Remain in the Merger Guidelines?
The 2022 revision of the Merger Guidelines is likely to introduce a number of controversial changes; this paper focuses on one potential change, the...
Quis Custodiet Ipsos Custodes? Behavioral Public Choice Theory and the Debate...
Behavioral economics has become an additional tool at the disposal of antitrust agencies and defense counsel. While the findings of behavioral economists are often...
