Antitrust and the Crisis of '07

Marc Winerman turns to history to show how hasty responses to financial panics and developing crises may produce antitrust consequences and controversy for years to come.

Bank Consolidation Caused by the Financial Crisis: How Should the Antitrust Division Review "Shotgun Marriages"?

Jonathan M. Rich and Thomas G. Scriven discuss the bank merger review process and offer a proposal for reviewing these transactions in the current financial crisis.

linkLine: Supreme Court Weighs Survival of Price-Squeeze Claims

Aryeh Friedman and Joyce Choi address the viability of claims for price squeezes under Section 2 and the arguments before the Supreme Court in linkLine.

FTC Hospital Merger Challenges: Is a "Fast Track" Administrative Trial the Answer to the FTC's Federal Court Woes?

Robert C. Jones and Aimee E. DeFilippo examine the FTC's strategy in pursuing a fast-track administrative trial in its recent challenge to the proposed merger of Inova Health Foundation and Prince William Health System and the implications for hospital mergers.

Bell Atlantic Corp. v. Twombly: Requiring a Plausible Analysis at the Pleadings Stage

Gerald Stein surveys how lower courts are handling the Supreme Court's directive in Twombly that the "plausibility" of Section 1 conspiracy claims be assessed at the pleading stage.

The Paper Trail: Working Papers and Recent Scholarship

Editors Bill Page and John Woodbury review four papers on the proper scope of the U.S. offense of monopolization and the EC offense of abuse of dominance, and one paper proposing a formula to replace the market share-based presumption of consumer harm in mergers of producers of differentiated products.