This article showcases why the patent system’s oft-overlooked role as a promotive tool of innovative SMEs must receive more attention, including in the antitrust context. Patents are frequently touted as…

The refusal to deal claim in antitrust is, at its core, a prohibition on discriminatory supply of an input to downstream buyers. However, all in-house production requires such discrimination in…

In this article, we take a retrospective look at the Supreme Court’s decision in Aspen Skiing Co. v. Aspen Highlands Skiing Corp. We offer several criticisms of the Court’s ruling…

The antitrust concept of “refusal to deal” addresses situations where a firm declines to engage in a business relationship, often with a competitor or a downstream participant. This concept, while…

For more than a century, anti-coercion has been a foundational principle for refusals to deal and anti-monopolization law in general. Since 2004, however, the Supreme Court has disregarded anti-coercion as…

By Lauren F. Dayton & Swara Saraiya1   The Federal Trade Commission made big news in September 2023 when it filed a complaint against a major anesthesiology provider, U.S. Anesthesia…

Dear Readers, This edition of the Chronicle focuses on relations between the North American nations, namely (from North to South): Canada, the United States, and Mexico. Relations between geographically proximate…

This paper examines the evolution of antitrust policy in Mexico over the last 3 decades, focusing on its convergence with the practices of its main trading partners, particularly the U.S.…

This study examines the antitrust investigations by the FTC in the United States and COFECE in Mexico concerning digital marketplaces, specifically Amazon and Mercado Libre. Both agencies aim to foster…

When shaping Canadian competition law, Canadian legislators and enforcers historically have canvassed comparative experience, including most prominently that of the U.S., but have typically concluded that distinct circumstances in Canada,…

Meta, TikTok, and Snapchat are all facing lawsuits, alleging that their platforms deliberately target young users with addictive technologies. Simultaneously, states are passing laws to limit social media addiction and…

By Aurelien Portuese1   Federal agencies are getting ready for possible shake-ups as the presidential election draws near. The Federal Trade Commission (“FTC”) is one of the organizations that demands…