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Semper Aliquid Novi Africam Adferre – Balancing Socio-Economic Goals with Competition Law
 |  Dec 23, 2024

By: John Oxenham, Andreas Stargard, Stephany Torres & Megan Friday* I. Introduction South Africa is a pioneer among African jurisdictions employing a consideration of the “public interest” in antitrust merger…

Industrial Liberty
 |  Dec 16, 2024

Kevin Frazier[1] I. The Forgotten Public Interest Standard Imposed on the FTC The Federal Trade Commission (“FTC” or the “Commission”) does not have a limitless jurisdiction.[2] Prior to issuing a…

Mare Liberum or Mare Clausum? How Cabotage Laws Can Stifle Fair Competition in Global Shipping1
 |  Dec 4, 2024

By Cecilia Borelli2 & Daniel Favoretto3   Introduction In a world driven by the principles of free trade and global competition, alongside concerns with national security, the debate over maritime…

Causation Confusion – A Response to Judge Ginsburg & Wong-Ervin
 |  Dec 3, 2024

By A. Douglas Melamed1   In a recent column,2 Judge Douglas Ginsburg and Koren Wong-Ervin argue that the default causation standard under Section 2 of the Sherman Act is “the…

Advice for New FTC Leadership
 |  Nov 26, 2024

By Luke M. Froeb1 & Michael Vita2   I. Focus on Consumer Welfare In the 40 years preceding the Federal Trade Commission (“FTC”) under the Biden Administration (“Biden FTC”), consumer…

The Dust Has Settled (For Now): Reviewing the Recent Amendments to the Canadian Competition Act
 |  Nov 19, 2024

By Thomas W. Ross1   I. Introduction After an active few years involving various proposals for reform, public consultations, bills debated in Parliament and, finally, three sets of amendments to…

FTC v. Rambus and the De Facto Causation Standard Under Sherman Section 2
 |  Nov 18, 2024

By Douglas H. Ginsburg & Koren W. Wong-Ervin*   There is currently confusion in the United States over the proper causation standard under Section 2 of the Sherman Act, with…

DVT and the Limitations of ‘Local Nexus’ Test in India
 |  Nov 10, 2024

By Anisha Chand1 & Tanveer Verma2   On September 10 2024, the amendments to the Indian Competition Act, 2002 (Competition Act) regarding merger control came into force. A significant amendment…

Enhancing the Effectiveness of Competition Regulation in Malawi
 |  Oct 10, 2024

By George Naphambo1   Background According to the United Nations Conference for Trade and Development (“UNCTAD”), the goal of both competition and consumer policies is to enhance consumer well-being2 by…

Observations on Anti-Monopoly Developments in China’s Pharmaceutical Industry and Suggestions for Compliance
 |  Oct 7, 2024

By Shujun Liu, Lanxue Zhao, Na Li & Xiaoyu Liu1   Ever since the implementation of the People’s Republic of China’s (“PRC”) Anti-Monopoly Law (the “AML”) in 2008, the pharmaceutical…

Competition for Sustainability: The Sugar Case
 |  Oct 2, 2024

By María Fernanda Viecens1   Sugar: A History of Intervention, Protectionism, and Cartels The world sugar industry is characterized by strong regulations and protection by the State. These regulations and…

New Commission Mandate: Why “Modernize” Competition Policy in Europe?
 |  Sep 30, 2024

By Cristina Caffarra1   Among many other recommendations, the Draghi Report2 contains an urgent invitation to “adapt European competition policy” to the grave challenges that Europe faces today. The Report…

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