September 2005 Volume 5 Issue 1 www.antitrustsource.com
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CURRENT ISSUE

My Summer Vacation at the European Commission

Jonathan Baker reflects on his summer experience with the Competition Directorate of the European Commission (DG-Comp) in Brussels and sees lessons for the U.S. and the EC.

There's No Tying in Baseball: On Illinois Tool and the Presumption of Market Power in Patent Tying Cases

It's the bottom of the ninth as Kevin McDonald turns to baseball to consider the Supreme Court's pending decision on whether a presumption of market power from a patent on the tying product exists in a Section 1 Sherman Act tying claim.

Opening the Door to the Inability-to-Pay Defense

James Mutchnik and Christopher Casamassima dissect the role played by the inability-to-pay provision of the Federal Sentencing Guidelines on the guilty pleas in the Hynix Semiconductor criminal price-fixing case.

Book Review: Bargaining in the Shadow of Regulation

Joseph Tomain reviews Jim Rossi's book on the relationship between regulator and regulatee and the nature of political bargaining as it affects network industries.

The Filed Rate Doctrine as Applied to Alleged Manipulation in the Wholesale Natural Gas Market: A Defense Perspective

Joshua Lichtman and Carlos Rainer look at defendants' use of the filed rate doctrine to preclude state and federal antitrust litigation relating to wholesale electricity and natural gas rates.

Paper Trail

Our editors note two papers -- one discusses the appropriate use of bidding analysis in antitrust; and the other finds yet another flaw in Chicago's single-monopoly profit theory.

 
NB: From the Editor

WELCOME to the September issue of The Antitrust Source – your source for up-to-the-minute substantive analysis on the most timely topics in antitrust by leading practitioners, economists, academics, and government officials. The articles in this issue span the seasons -- from the lessons learned by Jonathan Baker during his summer spent at DGComp to Kevin McDonald's particularly fitting baseball-driven perspective on the question presented in Illinois Tool Works v. Independent Ink, currently pending before the Supreme Court.

If there is something you think we should cover or you have something you'd like us to publish, send it to us at antitrust@att.net.

Gary Zanfagna
Editorial Chair

Vol. 5 Issue 1