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The Credit Card Competition Act of 2023: Elements and Potential Impact
 |  May 29, 2024

By Dr. Ling Ling Ang, Dr. Alan Grant & Peter Traber1   The Credit Card Competition Act of 2023 (“CCCA”) is proposed legislation that would “amend the Electronic Fund Transfer…

Antitrust Policy and Legal Standards for Build-or-Buy Decisions
 |  Feb 29, 2024

By Jay Ezrielev1   I. Introduction The newly finalized U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) Merger Guidelines have excluded one of the most controversial statements…

Reducing Administrative Costs in U.S. Healthcare: Using Precedent Thinking to Develop Pathways to Innovative Solutions
 |  Feb 11, 2024

By Jacqueline Sandling, Barak D. Richman, Ken Favaro, Stefanos A. Zenios, & Kevin A. Schulman1   I. Introduction Though it has been long known that the American health system is…

New DOJ-FTC Merger Guidelines: Opportunities and Strategies for Merging Parties
 |  Jan 3, 2024

By Jeremy A. Sandford & Koren W. Wong-Ervin1   On December 18, 2023, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) jointly released the final version of…

Class Certification in the Ninth Circuit After Olean
 |  Dec 3, 2023

By Mark G. Weiss*   The Ninth Circuit recently rejected the premise that Rule 23 of the Federal Rules of Civil Procedure precludes a class that “potentially includes more than…

Canada’s Competition Act: The Reform Process Continues
 |  Nov 13, 2023

By Thomas W. Ross1   The process of revisiting the elements, and even the goals, of competition policy in Canada continues, with important recent steps including the conclusion of extensive…

Vertical Merger Enforcement: Where Do We Go from Here?
 |  Oct 18, 2023

By Sergei Zaslavsky & Tyler Helms1   I. Introduction In July 2023, a federal district court rejected the Federal Trade Commission’s bid to block Microsoft’s acquisition of video game company…

Draft Merger Guidelines Replace the Consumer Welfare Standard with Uncertainty and Confusion
 |  Sep 20, 2023

By Jay Ezrielev and Joseph J. Simons September 20, 2023 Abstract The recently released draft Merger Guidelines have eliminated the Consumer Welfare Standard as a foundational principle of merger enforcement.…

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