February 2007 Volume 6 Issue 3 www.antitrustsource.com
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CURRENT ISSUE

Interview with Dennis Carlton, Deputy AAG for Antitrust, U.S. Department of Justice

Dennis Carlton provides an economist's perspective in a lively, wide-ranging discussion of such topics as merger and cartel investigations, efficiencies, exclusionary conduct, and resale price maintenance.

Dr. Miles : Will the Supreme Court Find a
Cure?

Donald Barnes and David Fischer survey the road from Dr. Miles to the Supreme Court's pending Leegin case, along with the principal arguments for and against maintaining the per se rule against minimum resale price maintenance.

Revisiting Dr. Miles: Reinstating a Modern Rule of Reason for Vertical Minimum Resale Price Agreements

Barbara Bruckmann contends that Dr. Miles should be overturned in light of modern economics and the Supreme Court's acceptance of other price-related vertical conduct.

Dr. Miles – A Rock of Ages

Matthew Moloshok argues for the preservation of Dr. Miles' per se RPM rule because it benefits consumers, causes little or no harm, is easy to administer, and is good public policy.

A Perspective on the Net Neutrality Debate

Patrick Thompson sheds light on the debate between Internet access providers and Internet content providers over whether current conditions justify net neutrality regulation.

The "Aggregation Theory": A Recent Series of Decisions in Bundled Discounting Cases Threatens to Expand Section One into Uncharted Territory

Frank Hinman and Brian Rocca explore the potential expansion of the outer reaches of Section 1 liability in the context of the relationships between large suppliers and group purchasing organizations.

Paper Trail: Working Papers and Recent Scholarship

Editor Bill Page comments on a recent paper by Carlton and Picker that compares the history of antitrust and industry-specific regulation. Editor John Woodbury reviews a paper by Kovacic and others that quantifies the likelihood of coordinated effects from a merger.

NB: FROM THE EDITOR

WELCOME to the February issue of The Antitrust Source, your source for up-to-the-minute expert analysis on the most timely topics in antitrust. In this issue, we are pleased to feature our recent interview with Dennis Carlton, Deputy AAG for Antitrust at DOJ, in which he discusses his views on everything from Section 2 analysis to merger review. We are also delighted to publish three pieces – an overview and two different perspectives – on Leegin, the upcoming Supreme Court case that will decide whether Dr. Miles and the per se rule for minimum resale price agreements remain the law. We also include two articles on new and developing areas of the law – one on the net neutrality debate and another on "aggregation theory" and Section 1 treatment of certain group purchasing organizations (GPOs). And we round out this issue with two reviews in the always thoughtful Paper Trail.

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

Anne Rodgers
Darren Tucker
Issue Editors

Vol. 6 Issue 3