Antitrust – Our Curious Amalgam

Jonathan Baker, American University Washington College of Law

#137 Have We Been Down This Road Before? What History Can Teach Us About the Current Rethinking of Antitrust.

Posted 3 days ago Tagged antitrust history antitrust reform chicago school neo-brandeisians

While it may seem that the current foment of change in the antitrust world is […]

Katie Drummonds and Peter M. McCormack, Kirkland & Ellis LLP

#133 Was It Populism? Understanding Merger Review During the Trump Administration.

Posted 1 month ago Tagged Antitrust Division consumer welfare standard FTC Killer Acquisitions merger control mergers populism Vertical Mergers

The Trump Administration’s antitrust enforcers were active in challenging mergers on competition grounds. But what […]

Christopher Leslie, Chancellor's Professor of Law, University of California, Irvine School of Law

#131 What Did We Learn? Ida Tarbell and the Role of Theory vs. Fact in Shaping Antitrust Law

Posted 1 month ago Tagged antitrust law history fact vs. theory Ida Tarbell investigative journalism John McGee Lina Khan monopoly predatory pricing Standard Oil

Influential writers, from Ida Tarbell to John McGee to Lina Khan, have inspired sweeping changes […]

Jing He, Founder, GEN Law Firm

#128 When Will It Be the End of Global Anti-Suit Injunction Wars? Present & Prospective FRAND Litigation & Arbitration in China

Posted 2 months ago Tagged antitrust Arbitration China Dispute Resolution FRAND intellectual property international License litigation Negotiation patent SEP

As Chinese courts and authorities take on active roles in resolving FRAND disputes, China has […]

Jorge L. Contreras, Professor, S.J. Quinney College of Law, University of Utah

#127 Does the FRAND Framework Need a Fix?: Conversation With Prof. Jorge Contreras About Antitrust and IP

Posted 2 months ago Tagged antitrust competition enforcement Injunction intellectual property international Jurisdiction Lisensing litigation Negotiation Reform remedies

Complex issues are at the intersection of antitrust and intellectual property laws, and licensing of […]

Lisa Kimmel, Senior Counsel, Crowell & Moring LLP

#126 How And When FRAND Can Be An Antitrust Issue: Conversation With Lisa Kimmel On The Fundamentals

Posted 3 months ago Tagged antitrust competition economics enforcement FRAND IP law licensing litigation SEP standard essential patent technology

FRAND issues can be complex and often require an understanding of several laws including antitrust […]

Heather Meeker, Partner, O'Melveny & Myers LLP, and Founding Portfolio Partner, OSS Capital

#125 Is This a Tragedy of the Commons? Antitrust Law and Open-Source Licensing

Posted 3 months ago Tagged antitrust competition intellectual property licensing open-source software

Many software development companies are distributing software under open-source licenses, which allows broad access. But […]

Dr. Paul Wong, Director, National Economic Research Associates, Inc.

#116 Can Non-Competes Be Procompetitive?: An Economist’s View

Posted 5 months ago Tagged antitrust compliance economics enforcement labor non-compete

By its name, a non-compete agreement restricts competition. But can non-competes be procompetitive or otherwise […]

John Delacourt, Chief Legal Officer and Vice President, Global Initiatives, Plasma Protein Therapeutics Association

#109 When Does Benchmarking Cause Antitrust Anxiety? The Use and Misuse of Competitors’ Data

Posted 7 months ago Tagged benchmark manipulation benchmarking collusion price-fixing

Many industries routinely use data collected from multiple competing companies to develop price, cost and […]

Koren Wong-Ervin, Partner, Axinn, Veltrop, & Harkrider LLP

#107 How Far Can You Go? U.S. Merger Enforcement Under Section 2 of the Sherman Act

Posted 7 months ago Tagged Clayton Act enforcement government litigation merger Sherman Act

U.S. merger enforcement has been active in recent years, involving legal challenges pursued under some […]

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