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Winter 2010, Volume 1, Number 1

JAN-10(1)-Twelve of the Best from 2009
 |  Dec 21, 2015

In this issue: Welcome to the home page of The CPI Antitrust Chronicle (formerly GCP Magazine).  We introduce our new name and our new website by looking back. We’re presenting…

Antitrust and Intellectual Property: Recent Developments in the Pharmaceuticals Sector
 |  Dec 21, 2015

William Michael, Aidan Synnott, Sep 24, 2009 During his campaign for the Presidency, then-Senator Barack Obama promised that he would direct his administration to reinvigorate antitrust enforcement, placing special emphasis…

A Hard Landing in the Soft Drink Market ”MOFCOM’s Veto of the Coca-Cola & Huiyuan Deal
 |  Dec 21, 2015

Fei Deng, Adrian Emch, Gregory Leonard, Apr 30, 2009 On March 18, 2009, China’s Ministry of Commerce (MOFCOM) issued its decision to block the proposed takeover by The Coca-Cola Company…

EU Cartel Fining Laws and Policies in Urgent Need of Reform
 |  Oct 28, 2015

Karl Hofstetter, Nov 25, 2009 The criticisms against the cartel fining policies of the European Commission are mounting. Feeling the heat, the Commission is finally entering the debate: that’s good…

From Collective Dominance to Coordinated Effects in EU Competition Policy
 |  Jan 15, 2010

Juan Briones, Oct 08, 2009 Since the Commission first tackled the oligopoly issue under the Merger Regulation, there has been considerable development of the Commission’s policy in this area and,…

Final Descent? The Future of Antitrust Immunity in International Aviation
 |  Jan 8, 2010

Benjamin Bradshaw, Bimal Patel, Sep 15, 2009 It is no secret that the Department of Justice (“DOJ”) and the Department of Transportation (“DOT”) traditionally have not seen eye to eye…

Section 1 Challenges to the Properties Arms of Sports Leagues: The Single-Entity Defense, Market Definition, and the Rule of Reason from Dallas Cowboys to American Needle and Beyond
 |  Jan 8, 2010

Gregory Pelnar, May 27, 2009 The merchandising/licensing units of sports leagues have been challenged as violations of Section 1 of the Sherman Act in a series of lawsuits since the…

Parental Liability for Cartel Infringements
 |  Nov 10, 2009

James Bourke, Nov 12, 2009 The imputation of liability to a parent company for its subsidiary’s participation in a cartel forms part of a field of law which has been…

Some Thoughts on Article 82 Jurisprudence – If the Government Always Wins, Should Private Litigants Win As Well?
 |  Aug 11, 2009

Kent Bernard, Aug 13, 2009 If you want to know where you are going, it helps to know where you are. As we see the European Commission moving deeper into…

Twombly, After Two Years: The Procedural Revolution in Antitrust That Wasn’t
 |  Jul 28, 2009

Richard Epstein, Jul 30, 2009 Without question, Bell Atlantic v. Twombly ranks as one of the most controversial decisions of the United States Supreme Court in recent years. Its importance…

Single Firm Competition Policy Convergence In A Global Environment
 |  Jul 13, 2009

Jul 13, 2009 Much ink has been spilled concerning the policy split revealed by the Justice Department’s September 2008 Report on Single Firm Conduct (SFC) and the Federal Trade Commission’s…

The New Consensus on Class Certification: What it Means for the Use of Economic and Statistical Evidence in Meeting the Requirements of Rule 23
 |  May 13, 2009

David Evans, May 13, 2009 Offering expert testimony that is a hair’s breadth away from nutty is no longer sufficient to secure class certification according to an emerging consensus across…

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