If You Build It, They Will Come: Building an Efficiencies Case
This article provides an overview of the opinion in United States v. Bertelsmann SE & Co. KGaA et al., and insights stemming from Judge Pan’s decision to exclude the merger…
Selected Research and Writings of Aviv Nevo
The authors discuss Aviv Nevo’s research on contemporary merger review, as well as his writings on antitrust policy and regulation.
Public’s M&A Comments Hold Clues for Agency Guidelines
The authors identify key areas of interest in comments that members of the public submitted to the FTC and DOJ.
Evolving Antitrust Analysis of Hospital Mergers
The authors discuss how differences between patient and insurer perspectives could create "cross-market" effects.
Intersection of Intellectual Property and Competition Policy in Recent Cases
The authors discuss high-profile cases in the EU and US that concern IP rights and competition policy.
Economic Issues in Merger Analysis for Platforms
The authors use recent enforcement examples to discuss market definition, theory of harm, and efficiencies in merger cases involving platforms.
Evaluating Innovation Theories of Harm in Merger Review: Economic Frameworks and Difficulties
The authors discuss recent life science cases that deal with innovation theories of harm, and what economic models can be useful in reviewing proposed mergers in this space.
The Future of Economics in Merger Trials: Rumors of Its Demise Are Greatly Exaggerated
The authors discuss the role of economics in recent merger trials and analyze what makes economic testimony compelling within the current legal framework.
The Role of Artificial Intelligence and Machine Learning in Competition Proceedings: Key Takeaways
At an October 2020 webinar, attorneys, economists and academics discussed a range of topics related to artificial intelligence and machine learning in competition cases.
MergerFest 2020: Alternative Counterfactuals in Merger Enforcement: Key Takeaways
In May 2020, Cornerstone Research hosted an expert panel that addressed topics related to alternative counterfactuals in merger enforcement, from potential competition to the failing firm defence.
Vertical Merger Guidelines Overlook Health Care Co. Issues
The authors discuss how the agencies’ Vertical Merger Guidelines analyze non-horizontal mergers, specifically in the healthcare industry.
5 Questions with Greg Eastman: The Horizontal Merger Guidelines and the Failing Firm Defense
Dr. Eastman explains the Horizontal Merger Guidelines’ criteria for clearing the bar of an affirmative defense;
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