January 2006 Volume 5 Issue 3 www.antitrustsource.com
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CURRENT ISSUE

The Elephant in the Room: Litigating the Fix After Arch Coal and Dairy Farmers

Darren Tucker reviews the state of the law and summarizes merging parties' options for self-help remedies following these two decisions.

Bugs in the Boardroom? Congress Is Poised to Allow Wiretapping in Federal Antitrust Investigations

Mark Racanellli gives a heads-up on proposed increases in the Antitrust Division's power to initiate wiretaps and electronic surveillance of business executives in federal antitrust crimes.

Minimum Service Requirements in Real Estate Brokerage: A Response to Maureen K. Ohlhausen

Darryl Anderson takes issue with current FTC and DOJ thinking about real estate industry activity.

Hart-Scott-Rodino Treatment of Corporate Officer Stock Acquisitions Soley for Investment - A Commentary

Malcolm Pfunder concludes that the need for corporate officers and directors to make premerger notification filings under Hart-Scott- Rodino is too broad and proposes some changes.

Four Economic Principles Underlying the FTC's Position Against Reverse Payments in Patent Settlement Agreements

Former FTC Economist Robert Kneuper explains the economic principles behind the Agency's challenges to drug manufacturers' settlements in the context of Hatch-Waxman regulations.

Paper Trail: Working Papers and Recent Scholarship

Editor Bill Page notes the European Commission's Green Paper: Damages for Actions for Breach of the EC Antitrust Rules, for which the EC invites comment by April 21, 2006.
 
NB: From the Editor

WELCOME to the January issue of The Antitrust Source -- your source for up-to-the-minute expert analysis on the most timely topics in antitrust. With this first issue of the New Year we introduce our new look. The redesign is intended to give readers even easier and quicker access to articles of interest in our current and past issues. We hope you will agree.

In this January issue, we feature articles covering a wide range of current topics -- from a response to our November issue's article on real estate brokerage services, to an article on the possible expansion of wiretap usage in federal antitrust investigations. And the always insightful Paper Trail highlights in this issue the European Commission's recent controversial Green Paper proposing changes to facilitate increased private actions for damages. We invite you to read these and the other pieces included in this 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

Issue Editors
Michael Barnett
Patrick Thompson

Vol. 5 Issue 3