Antitrust

The following post offers a look back at important trends in antitrust enforcement over the past year. Many of the significant developments that are detailed below, including merger challenges and…

The Justice Department’s challenge to AT&T’s proposed $108 billion acquisition of Time Warner Inc. is likely the biggest antitrust news story of the year. Much of the attention from the mainstream…

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. *********…

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 my last post to AntitrustConnect, I wrote about the difficulties that antitrust plaintiffs face in getting to trial with claims based on circumstantial evidence. I discussed a decision of the…

In short: The Background: In September 2017, the European Court of Justice (Case C-413/14 P) reversed the ruling of the General Court, which had upheld the European Commission’s €1.06 billion fine on…

“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…

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…