American Needle, Dagher, and the Evolving Antitrust Theory of the Firm: What Will Become of Section 1 Enforcement?
Chris Sagers argues that a Supreme Court affirmance of the Seventh Circuit's American Needle opinion would so broadly and amorphously define what constitutes an "integrated" joint venture as to effectively gut most Section 1 enforcement. Meanwhile, he asserts that, perhaps for the very same reason, the Solicitor General urged the Court to deny cert.
Oracle Bones: Limited Lessons from China's Merger Rulings
While the world slumbered through an economic downturn, China ramped up its antitrust law and merger review procedures. What will await us when merger and acquisitions pick up? Nathan Bush studies the recently adopted implementing measure and the first rulings under China's Antimonopoly Law.
Whither Merger Review? Looking Forward While Looking Back
Key members of President Obama's economic team have advocated an increase in the "intensity" of merger review, but what will that mean? Timothy Daniel examines the 2007—2008 merger enforcement records of the FTC and Antitrust Division to learn the market characteristics of the cases the Bush administration pursued and offers predictions on how those priorities may change.
Paper Trail: Working Papers and Recent Scholarship
Bill Page comments on John Lopatka's paper, Antitrust and Sports Equipment Standards: Winners and Whiners
, and John Woodbury analyzes the February 2009 report by FTC staffers Malcolm B. Coate and Andrew J. Heimert, Merger Efficiencies at the Federal Trade Commission 1997—2007