Editor's Note - Monopolization and the Grassroots Mind
Editor's Note - Monopolization and the Grassroots Mind, by Michael A. Lindsay. Antitrust Magazine, Volume 38, Issue 1.
Fall 2023
Volume 38, Issue 1
Cover Stories
Antitrust and Self-Preferencing
Professor Hovenkamp analyzes the historical and current treatment of ‘self preferencing’ and related economics, particularly in connection with high technology industries.
Competition or Competitors? The Case of Self-Preferencing
Dominant firms in digital economy face scrutiny for self-preferential conduct. We contend that self-preferencing has procompetitive benefits and is wrongly conflated with sanctionable conduct that is…
Best Practices for Trying a Section 2 Case
A distinguished panel of experts discussed enforcement trends and the practical aspects of trying monopolization cases.
A Rising Tide for Competition Enforcement: The Federal Maritime Commission Revitalizes its ‘Anti-Monopoly’ Tradition
Noting rising competition enforcement at the Federal Maritime Commission, with lessons for antitrust enforcement.
Antitrust and Economic Analysis of Key Sectors under the New Anti-Monopoly Law
Under the new antitrust law, China has implemented stringent regulations in key sectors such as semiconductors, pharmaceuticals, and platform economy, and has made extensive use of economic analysis…
Articles and Features
Roundtable on the DOJ Leniency Program
A panel of experts from government-enforcement, private firm, and in-house backgrounds explain the mechanics of how the program works and how its requirements can be satisfied.
The EC’s New Merger Referral Policy and the Transatlantic Reverberations of Illumina/GRAIL on the FTC’s Administrative Process
The European Commission’s and U.S. Federal Trade Commission’s challenges to Illumina’s acquisition of GRAIL raise important questions about the European Commission’s updated Article 22 guidance and t…
The Future of Merger Control in Technological Markets as Revealed in Recent Merger Cases
The paper discusses three case studies to highlight the inefficiencies of siloing merger control by jurisdictions and provides insights to how increased inter-agency cooperation in merger control cas…
Private Equity, the Clayton Act, and the Hurdles of Private Plaintiff Enforcement of Section 8
This article analyzes the challenges that private plaintiffs face in Section 8 litigation, outlines the types of Clayton Act Section 8 cases, and applies them to the private equity context while rais…
The Inefficient Treatment of the Efficiencies Defense
The article analyzes the ways in which courts have analyzed (or refused to analyze) merger-generated efficiencies as a defense in Section 7 challenges, including the relative burdens placed on the pl…
All Is Not Lost: Personal Jurisdiction in a Post-BMS World
Analysis of BMS decision’s impact on personal jurisdiction analysis in antitrust class actions, finding unnamed, out-of-state class members have not been affected.