What explains the explosive rise of microbrews and craft beers? Why does your neighborhood pharmacy carry over 150 different shampoos? Peter Boberg and John Woodbury answer these provocative questions and more in considering what role repositioning should play in the merger review process as the DOJ and FTC begin the task of revising the Horizontal Merger Guidelines.
Attorneys and their law firms can face unforeseen ethical or fiduciary obligations as a result of entering into or terminating a joint defense relationship. Kathryn M. Fenton addresses some of these obligations in light of a recent D.C. bar ethics opinion.
Alan Barr considers the role of state law in challenging vertical price-fixing agreements after Leegin and argues that federalism principles should allow state attorneys general to continue their pursuit.
In the national debate over health care reform, some have called for an end to the McCarran-Ferguson Act's antitrust exemption for health insurers, and several bills are now pending in Congress to accomplish this objective. Michael G. Cowie presents a timely look at these legislative initiatives and considers whether the proposed legislation is advisable.
Many believe that the new administration's antitrust enforcement efforts will amount to a full-employment act for antitrust lawyers. Paul Godek looks at historic governmental and private antitrust filings in federal court and concludes that may not be so.
Ricardo Jungmann notes the dearth of literature on the subject of competition law in Latin America and finds that the collection of articles in Competition Law and Policy in Latin America is a step in the right direction.