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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-Mergers As Monopolization By Allen Grunes

Mergers as Monopolization

We tend to think of mergers and monopolization as separate and distinct branches of antitrust. Using Section 2 to attack mergers raises the question...
5-Ending Monopolization Via Mergers: How And Why To Restore Legislative Intent Behind The U.s. Anti-Merger Laws By Ron Knox

Ending Monopolization Via Mergers: How and Why to Restore Legislative Intent...

Mergers have been a persistent tactic by which powerful companies grow their power and monopolize markets. In passing and amending the Clayton Act, Congress...
8-Protecting Competition To Innovate Is Protecting Competition In Future Markets: Ten Law Review Articles Leave No Doubt By Lawrence B. Landman

Protecting Competition to Innovate is Protecting Competition in Future Markets: Ten...

For at least the last 30 years the American and European competition authorities have claimed they can protect competition to innovate. The authorities have...
3-Revisiting The Merger Guidelines: Protecting An Enforcement Asset By Daniel Francis

Revisiting the Merger Guidelines: Protecting an Enforcement Asset

What should we do with a magic wand? The revision of the merger guidelines offers an opportunity to update and improve the foundational texts...
Law

Reevaluating Out-of-Market Efficiencies in Antitrust

By John M. Yun (George Mason University) Antitrust analyses relegate efficiencies to a second-class status. Not only are they often an after-thought when assessing conduct...
3- Updating the Merger Guidelines: A Dynamic Reboot

Updating the Merger Guidelines: A Dynamic Reboot

In this article we offer a number of recommendations for updating the merger guidelines. Our comments address six distinct areas: (1) the guidelines’ structure, (2)...
5- Beginnings of an Antitrust Revolution? By Sandeep Vaheesan

Beginnings of an Antitrust Revolution?

President Biden made antitrust law — and reforming it — an important part of his administration’s agenda. Nearly nine months after he issued a...
6- Seven Myths of Market Definition

Seven Myths of Market Definition

Roughly a year into control of the federal antitrust agencies, President Biden’s antitrust team is turning its attention to policies and enforcement practices. They...
No-Remedies Policy Merger Enforcement

Fix It or Forget It: A “No-Remedies” Policy for Merger Enforcement

The inherent limitations of remedies as a method of resolving competitive concerns with mergers have become more evident. The expansive use of remedies in...
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