Our lead article is by Ines Bodenstein, Alexander Fritzsche, Christian Steinle, and Stephan Wilske, four Germany-based antitrust lawyers who discuss effective redress in cases of mass-impact antitrust litigation. Our second antitrust-themed article is by Viren Mascarenhas, a New York–based lawyer who is vice chair of both the SIL International Courts Committee and the SIL International Pro Bono Committee. He analyzes two fairly recent Supreme Court decisions that may affect how courts will handle antitrust cases involving arbitration clauses having class action waivers. Next, Brenner Allen and Susan Singleton, respectively practicing in the United States and U.K., present a cogent analysis of resale price maintenance regulations on both sides of the Atlantic. Two Istanbul lawyers, Gönenç Gürkaynak and Janelle Filson, then discuss the tension between international regulatory cooperation in cases involving horizontal mergers and diverging national standards for judging those mergers. Brussels-based David Anderson, Paul Johnson, and Stuart Stock discuss the significance of recent increases in the number of in-depth European Commission reviews of proposed merger activity and the use of efficiency and failing firm arguments. Schweta Batohi, a lawyer practicing in Johannesburg, discusses an important South African Competition Commission decision in a price-fixing case that raises important issues of client confidentiality and legal ethics. Leonardo Sempértegui, practicing in Quito, Ecuador, provides us with an excellent roadmap to that country’s new Organic Act for the Regulation and Control of Market Power, Ecuador’s first national antitrust legislation. Finally, Chicago attorney Lovely Carter discusses monopolization issues in efforts to patent human genes, with special reference to genes associated with increased breast cancer risks. This issue also contains a summary of recent Section developments, reports from the Section’s Diversity and Policy Officers, and a book review of one of the latest offerings of the Section’s Publications Program: Diversity Officer Lelia Mooney’s excellent book, Promoting the Rule of Law: A Practitioner’s Guide to Key Issues and Development.
This issue of ILN illustrates the value of the Section. We have brought together substantive experts from many international jurisdictions to provide you cutting-edge information in international practice. We strive to do this in every publication and program. We think this issue of ILN represents the best of what this Section stands for and what it has to offer. We hope that you agree and that you will consider contributing to future issues of this fine publication and participating in one of our many programs and panels. Thank you!