Editor's Note - Whither Merger Enforcement?
Editor's Note for Antitrust Magazine, Volume 37 Issue 3, Summer 2023, published by the Antitrust Law Section of the American Bar Association.
Summer 2023
Volume 37, Issue 3
Cover Stories
The Draft Merger Guidelines: Interpretive Guidance or Ideological Advocacy?
A review of the Draft Merger Guidelines, asking if they are more ideological advocacy than experiential guidance.
Merger Remedy Divestitures: the Agencies Zig and the Courts Zag
This article discusses the FTC’s and DOJ’s practices vis-à-vis merger remedy divestitures and the applicable legal standards.
Enhancing Antitrust Analysis of Digital Platforms: What Can We Learn from Recent Economic Research?
The authors discuss recent economic research on digital platforms and explore the potential implications of these findings for antitrust enforcement.
The FTC’s Punctuated Equilibrium
This article discusses recent changes in policy, process, and enforcement at the Federal Trade Commission, cutting across both the agency’s antitrust and consumer protection missions.
Broader Public Benefits in Mergers: An Australian Case Study
Article on broader public benefits and public interest considerations in Australian competition law merger regime, by Australian Competition and Consumer Commission and courts.
Articles and Features
The Evolution of the Right to Repair
A review of the past, present, and potential future of the so-called Right to Repair, i.e., the scope of a consumer’s right to repair purchased items such as home appliances, electronics, automobiles…
The FTC’s 2022 Policy Statement Regarding the Scope of Unfair Methods of Competition Under Section 5 and its Potential Impact Upon Little FTC Acts
The article discusses the potential significance of the 2022 FTC Policy Statement Regarding the Scope of Unfair Methods of Competition Under Section 5 Upon Little FTC Acts.
Antitrust and Pop Culture: The Sequel
This short essay discusses how antitrust is depicted in pop culture and how that affects how ordinary people understand the meaning and importance of antitrust in their everyday lives.