This is Part Three of a four-part series of posts by myself and colleague Kimberly Justice on “It Is Time for an Antitrust Whistleblower Statute.” Parts 1 and 2 can be found here and here.
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Objections to an Antitrust Whistleblower Statute
The idea of an antitrust whistleblower is not new, but it has never gained much traction in the past. There have been significant objections, or at…
Kimberly Justice and I wrote an article published in Global Competition Review arguing that it is time for an “Antitrust Whistleblower Statute.” [The article is behind a pay firewall (here).] …
In Part 1 of this article (here), I argued that the Sherman Act was unconstitutional as a criminal statute because it is void for vagueness. A statute that criminalizes all restraints of trade cannot…
If you ever wanted to sell a student on pursuing a career in antitrust because of the interesting possibilities, Brent Snyder’s career (which is far from over) would be a good case in point. Mr…
If you get lost, sometimes you must go back and start again from the beginning. I’ve been a bit lost on whether the Sherman Act is unconstitutional as a criminal statute. It is well accepted that per…
By Robert E. Connolly[1] and Masayuki Atsumi[2]
[This is Part 2 of a multi-part article on ways a foreign fugitive may be able to get some issues heard by a US federal court without surrendering to…
By Robert E. Connolly [1] and Masayuki Atsumi [2]
The fugitive disentitlement doctrine is an equitable doctrine under which a court has the discretion to decline to consider a petition of a defendant…
Last July, the Department of Justice Antitrust Division filed two actions, challenging proposed mergers that would have reduced the country's “big five” health insurers to three. Bench trials have…