Defending "The Last Man Standing": Trench Lessons from the 2008 Criminal Antitrust Trial, United States v. Swanson

Robert Bunzel and Howard Miller's account of the defense of Gary Swanson is a compelling inside look at a criminal jury trial that followed guilty pleas or amnesty for other alleged co-conspirators. The article traces key trial themes, witness strategies, and the role of jury instructions, which led ultimately to victory.

The Volume of Commerce Enigma

James Mutchnik, Christopher Casamassima, and Brenton Rogers explore the need for transparency and certainty in calculating the "volume of affected commerce" for determining corporate fines under the U.S. Sentencing Guidelines and propose factors that will lead to enhancement or reduction of the calculation.

Implications of Norris on UK-U.S. Extradition and Future UK Cartel Prosecutions

Julian Joshua provides a European perspective on the implications of recent UK-U.S. extraditions and the future of UK cartel enforcement. His look ahead includes an interesting look back at the evolution of the UK common law offense of conspiracy to defraud.

Resale Price Maintenance and the Rule of Reason

Professor Howard Marvel tackles the practical difficulties of establishing the efficiencies of resale price maintenance. The Supreme Court has encouraged the lower courts to differentiate between procompetitive and anticompetitive uses of RPM, but it remains unclear how the economic effects of RPM should be evaluated or a post-Leegin rule of reason structured. Professor Marvel's thoughtful piece is an important step in that direction.

Resale Price Maintenance: Real Life Lessons from a Mock Trial

Michael Lindsay offers a cautionary tale in the wake of Leegin derived from the Mock Trial program at this year's ABA Antitrust Section Spring Meeting, at which an unnamed state challenged an RPM program under a rule of reason -- and won. Mr. Lindsay extrapolates from this window into the mock jury's deliberations to craft useful advice for trial lawyers and antitrust counselors alike.

Paper Trail: Working Papers and Recent Scholarship

Editors Bill Page and John Woodbury review two recent papers by current and former government economists Dennis Carlton and Ken Heyer, and Jonathan Baker. Carlton and Heyer take a cautious policy approach to single-firm conduct; and Baker explains how market concentration can sensibly be used in merger analysis.