Thoughts on Theory, Litigation Practice, and Retrospectives

Posted by D. Daniel Sokol

Tom Barnett of DOJ has a thoughtful new presentation on Thoughts on Theory, Litigation Practice, and Retrospectives that he made for the Lewis Bernstein Memorial Lecture.

ABSTRACT: Today, I will address current issues in merger review and enforcement, and how the antitrust agencies are adapting both in substantive analysis and in procedural approaches. In particular, I will spend my time discussing the following challenges that we currently face: (I) substantive merger issues involving unilateral effects, coordinated effects, and differentiated products; (ii) litigation issues; (iii) retrospective studies; and (iv) the efficiency of the review process.

Download Bernstein.pdf