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Evaluating Innovation Theories of Harm in Merger Review: Economic Frameworks and Difficulties
Article

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.

Artificial Intelligence & Machine Learning: Emerging Legal and Self-Regulatory Considerations, Part Two
Article

Artificial Intelligence & Machine Learning: Emerging Legal and Self-Regulatory Considerations, Part Two

In the second installment of this report by the ABA’s Section of Antitrust, the authors discuss the competition implications of big data and artificial intelligence/machine learning.

The Future of Economics in Merger Trials: Rumors of Its Demise Are Greatly Exaggerated
Article

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.

Taming Gatekeepers—But Which Ones?
Article

Taming Gatekeepers—But Which Ones?

The article discusses approaches that have been proposed in the EU, UK and Germany to prevent potential anticompetitive conduct by dominant companies in the digital economy.

Economic Principles and the Reform of the European Commission’s Approach to Vertical Agreements
Article

Economic Principles and the Reform of the European Commission’s Approach to Vertical Agreements

The authors outline five economic principles that should guide the European Commission’s revision of VBER and its Vertical Guidelines.

Antitrust Impact in Class/Collective Actions
Article

Antitrust Impact in Class/Collective Actions

The authors provide an overview of how economic analysis can be used to assess the common impact question in the U.S., Canada, and the U.K.

The Role of Artificial Intelligence and Machine Learning in Competition Proceedings: Key Takeaways
Article

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
Article

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
Article

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.

Necessity as the Mother of Invention?
Article

Necessity as the Mother of Invention?

The authors discuss a framework to streamline the evaluation of competitor collaborations.

Expectations for Healthcare Mergers During the Pandemic
Article

Expectations for Healthcare Mergers During the Pandemic

The authors consider likely developments in healthcare mergers and challenges particular to the COVID-19 pandemic.

5 Questions with Greg Eastman: The Horizontal Merger Guidelines and the Failing Firm Defense
Article

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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