Symposium Editor’s Note
Symposium editors Leon Greenfield and Jesse Solomon introduce the contributions to this symposium, Process—And Its Policy Effects, which examines institutional processes and how those processes affec…
Antitrust Law Journal
Volume 85, Issue 3
Symposium: Process—And Its Policy Effects
A Comparative View of Transparency in Antitrust Enforcement
Substantive and procedural transparency are essential components of an effective antitrust enforcement system. This article examines transparency around the globe and discusses opportunities to ensur…
Evaluating 20 Years of Regulation 1/2003: Are EU Antitrust Procedures “Fit for the Digital Age”?
Massimiliano Kadar, a Deputy Head of Unit at DG COMP, addresses a range of potential reforms of EC enforcement of Articles 101 and 102 under Regulation 1/2003, focusing particularly on potential chan…
Due Process in Competition Law Enforcement: Minimum Standards on Accessible and Protected Information
Examining due process in EU and U.S. antitrust enforcement, this article focuses on (1) access to the case file versus the protection of confidential information and (2) the protection of legally pri…
Fixing “Litigating the Fix”
With merging firms increasingly seeking to litigate their merger “as remedied” by a voluntary post-complaint “fix,” this article analyzes the issue as a procedural problem and proposes procedural sol…
Pitch Imperfect: Antitrust Division Policy Changes Regarding Pre-Indictment “Pitch” Meetings
Pre-indictment pitch meetings—where would-be defendants argue against prosecution—enhance legitimacy, credibility, and fairness. The DOJ Antitrust Division should return to its recently abandoned pra…
Articles
Algorithms, AI, and Mergers
This article explores the impact of algorithms and AI on the procedural, substantive, and institutional features of merger control, offering suggestions on how enforcement should adapt.
An Antitrust Exemption for Workers: And Why Worker Bargaining Power Benefits Consumers, Too
Analyzing the effects of increasing worker bargaining power against monopsony power in labor markets, this article proposes legislation to enable “joint negotiating entities” (covering employees and,…
“Aiming at Dollars, Not Men”: Recovering the Congressional Intent Behind the Labor Exemption to Antitrust Law
Tracing the legislative and judicial history of the antitrust labor exemption, Commissioner Bedoya concludes that a recent First Circuit decision exemplifies correct application of the exemption’s br…
Unfair Methods of Competition Under Section 5 of the FTC Act: What is the Intelligible Principle?
Uncovering the origins and legislative history of the FTC Act, this article offers a detailed examination of Congress’s intent in prohibiting “unfair methods of competition,” articulating basic princ…