Richard A. Ripley and Mark J. Glueck analyze the Third Circuit's opinion on class certification in the Hydrogen Peroxide Antitrust Litigation and its implications for the evidentiary showing and analysis required to meet the requirements of Rule 23(b).
Susan Creighton and Thomas Krattenmaker examine recent cases under Section 5 of the FTC Act to identify what the FTC should do to strengthen antitrust law while remaining committed to its consumer welfare function.
Robert Lande proposes that the FTC adopt the framework of consumer choice to best revitalize Section 5 and give it the broad interpretation Congress intended in a manner likely to be sustained by reviewing courts.
William Page submits that in appropriate cases the FTC should make use of the procedural advantage it has over private plaintiffs by using its broad statutory investigative powers to discover evidence of prohibited concerted action.
NB: FROM THE EDITOR
WELCOME to the February issue of The Antitrust Source. The Source continues to provide in-depth articles on recent developments and topical issues in antitrust and competition law. Consistent with our goal of offering compelling international perspectives, this issue features an Interview with Shang Ming, Director General of the Anti-Monopoly Bureau Under the Ministry of Commerce (MOFCOM – which has responsibility for merger notification and control) of the People's Republic of China. On the domestic front, the issue includes articles by Susan Creighton and Thomas Krattenmaker, Albert Foer, Robert Lande, Thomas Leary, and William Page, which expand on testimony they presented at the FTC's Workshop on Section 5 as a Competition Statute in late 2008. This issue also includes a thoughtful analysis of domestic antitrust policy for unilateral conduct by Jonathan Jacobson and an insightful reflection on the Hydrogen Peroxide Antitrust Litigation by Richard Ripley and Mark Glueck.
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