There were a number of decisions from April-May 2024, covering topics such as (1) the use of the SSNIP test in monopolization (as opposed to merger) cases, which raises the issue of the proper benchmark for the competitive price; (2) the proper methodologies for damages models; and (3) the Noerr-Pennington doctrine’s application to litigation incentive...Read More
There were a number of significant developments from the end of 2023 through the beginning of 2024 covering important (and highly debated) topics, such as: (1) the role of contracting as an alternative to vertical integration when determining whether benefits such as the elimination of double marginalization (EDM) are merger specific; (2) who bears the...Read More
