WELCOME to the November 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. Our final issue for 2005 features an article by Susan Creighton titled “The Supreme Court's 2005 Term: Formalism Under Review.” Creighton, the FTC Bureau of Competition Director, asserts that the circuit courts “got it wrong” in three recent antitrust cases -- Dagher, Independent Ink, and Schering Plough - by incorrectly relying on formalistic rules rather than assessing the impact of the conduct on consumer welfare, efficiency, and innovation. Oral arguments in Dagher and Independent Ink are coming up in the next two months. In a procedurally uncommon maneuver, the FTC is independently seeking Court review of Schering Plough.

Other articles in our November issue cover a wide range of current topics, including FTC Director of Policy Planning Maureen Ohlhausen's inside view of current enforcement activity in real estate brokerage fees, Scott Sher's and Daryl Teshima's presentation on the increased burden of electronic discovery in Second Requests, and a sharp debate among experts on what constitutes exclusive dealing. In addition, the always incisive Paper Trail analyses FTC Bureau of Economics Director Mike Salinger's writings and speeches. We invite you to read these and the other pieces featured in this November issue.

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

Ronan Harty
Matthew Moloshok
Issue Editors

Vol. 5 Issue 2