February 2009  Volume 8 Issue 3  www.antitrustsource.com
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CURRENT ISSUE

Interview with Shang Ming, Director General of China's Anti-Monopoly Bureau Under MOFCOM

We interview Director General Shang Ming to gain insights into China's Anti-Monopoly Law and the merger notification and review process.

In re Hydrogen Peroxide Antitrust Litigation Bleaches Clean the Class Certification Standard

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).

Towards a Consistent Antitrust Policy for Unilateral Conduct

Jonathan M. Jacobson considers the different techniques advanced by the DOJ and FTC for assessing unilateral conduct and proposes reconciling them using an approach based on the rule of reason.

SECTION 5 SYMPOSIUM

Appropriate Role(s) for Section 5

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.

Section 5 as a Bridge Toward Convergence

Albert Foer points out several opportunities that Section 5 provides the FTC to bridge gaps in antitrust enforcement on an international scale.

Revitalizing Section 5 of the FTC Using "Consumer Choice" Analysis

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.

A Suggestion for the Revival of Section 5

Thomas Leary offers a new suggestion for the FTC to revive Section 5 by using it to enter largely uncharted territory and seek prospective relief only.

The FTC's Procedural Advantage in Discovering Concerted Action

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.

To contribute an article or comment to The Source, e-mail us at antitrust@att.net.

Patrick S. Thompson
Editorial Chair

Atleen Kaur
Anne M. Rodgers
Issue Editors

Vol. 8 Issue 3

 

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