Comments To The Antitrust Modernization Commission On Statutory Immunities and Exemptions from Antitrust Law

Prepared Statement of M. Howard Morse before the Antitrust Modernization Commission Hearing on Antitrust and the New Economy

I am honored to have been asked to appear before the Antitrust Modernization Commission to address the “New Economy” issues that the Commission is studying. Many of you on the Commission are well versed in these issues based on you own experiences. I will offer my perspective today based on my ten years at the Federal Trade Commission, where I spent much of my time enforcing the antitrust laws ...

ALLOCATION OF ANTITRUST ENFORCEMENT BETWEEN THE STATES AND THE FEDERAL GOVERNMENT Statement of Phillip A. Proger Before the Antitrust Modernization Commission October 26, 2005

A look at the European Commission’s antitrust investigation against Google

As the European Commission’s antitrust investigation against Google approaches its final stages, its contours and likely outcome remain obscure and blurred by a plethora of nonantitrust-related arguments. At the same time, the initial focus on search neutrality as an antitrust principle seems to have been abandoned by the European Commission, in favour of a more standard allegation of ‘exclusio...

Can HMOs wield market power? Assessing antitrust liability in the imperfect market for health care financing.

TABLE OF CONTENTS Introduction .. .................................... 93 I. Background . ................................ 102 A. Statutory Basis for Antitrust Offenses ........... 102 B. Judicial Construction of Antitrust Laws ......... 103 1. Monopolization and attempted monopolization: section 2 offenses ........................ 103 2. Combinations or contracts in restraint of trade: section...

From Borden to Billing: Identifying a Uniform Approach to Implied Antitrust Immunity from the Supreme Court’s Precedents

The federal antitrust laws1 “represent a fundamental national economic policy.”2 They govern virtually every business activity in the country, and seek to protect “unfettered competition in the marketplace.”3 As economics teaches, unrestrained competition generally produces the best allocation of society’s resources,4 and creates incentives for innovation and product development by rewarding th...