August 2010  Volume 9 Issue 6
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Initial Thoughts on the American Needle Decision

American Needle was one of this year's most anticipated antitrust decisions. Greg Werden discusses the implications and limitations of the Supreme Court ruling.

Shooting the Messenger:
Does the UK Criminal Cartel Offense Have a Future?

Julian Joshua looks at the UK Criminal Cartel Offense through the lens of the first contested prosecution of individuals by the Office of Fair Trading and considers how the OFT's loss may affect future criminal enforcement.

Participation of Non-Lawyers in Antitrust Matters— Recognizing and Avoiding Privilege Waiver Pitfalls

Kathy Fenton and Kris Garcia examine some of the potential privilege waiver pitfalls presented by non-lawyer involvement in antitrust investigations, litigation, and merger reviews.

Unilateral Effects with Differentiated Consumer Products:
A Response to Werden

David Scheffman and Joseph Simons continue their debate with Greg Werden, focusing on research on consumer demand, asymmetric competitor responses, and the significance of their example of "kinked demand."

Paper Trail: Working Papers and Recent Scholarship

Editor John Woodbury comments on a working paper from Professors Lande and Davis that compares the cartel-related penalties imposed by the DOJ to the settlements in 40 private antitrust suits to conclude that the private suits generally have a larger deterrent effect than the DOJ's efforts.

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