Antitrust & Trade Regulation

Antitrust Division DAAG Richard Powers gave opening remarks at the 13th International Cartel Worksop that has just begun in San Francisco, California.  While there was no new ground in Mr. Powers remarks, the remarks are extensive and provides insight into the Division’s thinking regarding mature policies like Corporate Leniency as well as the Division’s newer policies such as the change in how the Division treats corporate compliance programs.  I recommend reading this statement which can…
On February 5, 2020, Assistant Attorney General Makan Delrahim spoke at the Media Institute on the current merger review landscape (see Makan Delrahim, “Getting Better: Progress and Remaining Challenges in Merger Review”). While he celebrated an administrative success, he also forewarned of a formidable obstacle to effective agency enforcement. Delrahim remarked that since the Antitrust Division of the Department of Justice (the Division) outlined reforms modernizing the merger review process 18 months ago,…
I applaud the National Institute for the Defense of Competition and the Protection of Intellectual Property of Peru (Indecopi), (the Peruvian Competition Agency) for the publication of guidelines for an Antitrust Reward Program.  The Guidelines are the result of a continuous effort of the Peruvian Competition Agency to detect anticompetitive conducts and promote a free competition culture in the market. The guidelines promote an effective award (i.e. whistleblower) program.  They apply to: Price…
I am continuing my research and writing a paper for the Antitrust, Unfair Competition and Privacy Section of the California Bar Association.  Below is an excerpt on an issue I am trying to think through. ************************************* Section 1 of the Sherman Act states, “[e]very contract, combination . . . , or conspiracy, in restraint of trade or commerce . . . is declared to be illegal.”[1]  The Supreme Court has said: “the problem…