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Jeffrey May  (Wolters Kluwer)
Rejection of Containerboard Conspiracy Claims Shows Difficulty of Getting an Antitrust Case to a Jury
August 07, 2017

How difficult is it to get an antitrust conspiracy case to a jury when there is no direct evidence of the alleged conspiracy? An August 3 decision of the federal district court in Chicago in a long-…

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Steven J. Cernak  (Bona Law PC)
Maybe History Can Provide Useful Perspective
August 01, 2017

“We’re living in a moment where an increasing share of our commerce and communications are being mediated by a handful of dominant platforms, and that has huge ramifications for competition in ways…

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Robert E. Connolly  (Law Office of Robert Connolly)
The Sherman Act is An Unconstitutional Criminal Statute (Part II)
July 25, 2017

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…

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Robert E. Connolly  (Law Office of Robert Connolly)
Some Comments from Brent Snyder, former Antitrust Division Criminal Deputy, as he Heads to the Hong Kong Competition Commission
July 12, 2017

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.…

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Robert E. Connolly  (Law Office of Robert Connolly)
The Sherman Act is Unconstitutional as a Criminal Statute: (Part 1)
July 11, 2017

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…

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Thomas Wilson  (Freshfields Bruckhaus Deringer LLP)
Integration Planning and Pre-Closing Conduct: Gun-Jumping Risks
June 29, 2017

Complex transactions are subject to an increased level of antitrust scrutiny by competition authorities. This often results in extended waiting periods between signing and closing – it can nowadays…

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Philipp Werner, Christian Fulda  (Jones, Day)
Competition Law Enforcement of Excessive Prices Called into Question
June 25, 2017

In the European Union, Big Pharma has been operating with a target on its back for the best part of the last decade. Eight years after the conclusion of the 2008 pharmaceutical sector inquiry, it is…

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Thomas Wilson  (Freshfields Bruckhaus Deringer LLP)
Legal Professional Privilege in EU Merger Control
May 31, 2017

The European Commission increasingly issues large document requests in complex merger cases. The number of requested documents has increased significantly in recent years, from a few hundred to …

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Jay Modrall  (Norton, Rose, Fulbright LLP)
EU Issues Final Report on its E-Commerce Sector Inquiry and Updates its Digital Single Market Plans
May 24, 2017

On May 10, 2017, the European Commission published the final report on its sector inquiry on competition in the e-commerce sector (the E-Commerce Report) and a mid-term review of its digital single…

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Antitrust Connect Editor
Paris Antitrust Conference to Address Mergers, State Aid, and the Politics of Competition Regulation
May 16, 2017

The "New Frontiers of Antitrust 2017" competition law conference organized by Concurrences Review will be held in Paris on June 26, 2017. This year the conference, held each year since 2009, will…

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