August 2009  Volume 8 Issue 6
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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.


WELCOME to the August issue of The Antitrust Source. In this issue Chris Sagers considers the future of Section 1 in light of the Supreme Court's possible action in American Needle. Continuing our focus on China, this issue features an article by Nate Bush that examines merger enforcement activity under that country's year-old Antimonopoly Law. Still on mergers, but on the domestic front, Timothy Daniel looks back at Bush administration enforcement to see if there are any lessons the Obama administration might draw. Finally, a particularly interesting Paper Trail reviews recent scholarship on sports standards-setting bodies and the FTC's evaluation of efficiencies.

This is the final issue for the 2008-09 ABA year and my last as Editorial Chair. I would like to thank our authors, and to extend special appreciation to the volunteer members of the Editorial Board who work tirelessly to deliver timely, high quality content to our readers.

To contribute an article or comment to The Source, e-mail us at

Patrick S. Thompson
Editorial Chair

Matthew E. Moloshok
Issue Editor

Vol. 8 Issue 6


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