October 2008 Volume 8 Issue 1 www.antitrustsource.com
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CURRENT ISSUE

The Justice Department's Section 2 Report:
A Mixed Review

William Kolasky describes the split between the agencies over the standards that should govern antitrust enforcement policy with respect to single-firm conduct under Section 2 of the Sherman Act and suggests ways to rebuild consensus.

Section 2 Enforcement: A State-Enforcement View of the DOJ Section 2 Report

Don Allen Resnikoff tells us where the states are likely to stand on future prosecutions based on their past practice.

Chinese Antitrust-Act II, Scene 1

Nate Bush and Zhaofeng Zhou explain how authorities are implementing China's new Antimonopoly Law and how that law is being tested just two months after taking effect.

Waivering on Waivers: The Filip Policy and the Possible Demise of "Coerced" Corporate Privilege Waivers

Joann Kahn discusses how the DOJ's Filip Policy could bring an end to coerced privilege waivers in order to avoid indictment or secure leniency in corporate fraud prosecutions.

The Labatt/Lakeport Case: Implications for Canadian Merger Review

D. Jeffrey Brown explores the effects on Canadian competition law of the antitrust case of the year in Canada: the Labatt/Lakeport merger.

A Price-Fixer's Memoir — Exculpation and Revenge While Confronting the Antitrust Abyss: An Essay on Threshold Resistance by Alfred Taubman

Arthur Austin looks at the psychology and tactics of convicted price-fixer Albert Taubman during his trial, drawing information and inspiration from Taubman's book on the Sotheby case.

Paper Trail: Working Papers and Recent Scholarship

Editors Bill Page and John Woodbury note one paper that examines how best to organize economists so they can provide sound recommendations to agency decision makers, and another that focuses on communication among rivals to find an emerging definition of concerted agreement in the post-Twombly pleading standards case law.

NB: FROM THE EDITOR

WELCOME to the October issue of The Antitrust Source. This is the first issue of The Source for the 2008-09 ABA year.

The Source continues to provide in-depth articles on late-breaking developments and topical issues affecting antitrust and competition law in the U.S. and internationally.
Nate Bush and Dr. Zhaofeng Zhou present Act II of China's new competition law. Jeffrey Brown considers the implications of Canadian merger review using Labatt/Lakeport as a case study. This issue also features essays by William Kolasky and Don Resnikoff on the DOJ Section 2 antitrust enforcement report, issued just a month ago and already generating heated comment. Joann Kahn writes about criminal enforcement and developments in waiver, Arthur Austin draws lessons for antitrust jury trials from Alfred Taubman's price-fixing memoir, and our commentators Bill Page and John Woodbury feature two new working papers.

The editorial board of The Source values each of our contributors and continually seeks high-quality content. If you are interested in contributing an article or perspective to The Source, e-mail us at antitrust@att.net.

Patrick S. Thompson
Editorial Chair

Barbara Bruckmann
Amy Stathos
Issue Editors

Vol. 8 Issue 1

 

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