No. 38-2, April 2024

Index

• Editor's Note
• Two Sides to Every Story: Trying and Winning a Two-Sided Market Case
• The State of 'No-Poach' Prosecution: Is It Just Like Market Allocation After All?
• Why Does the Antitrust Division Keep Losing Criminal Trials?
• The Critics Are Wrong: How the Robinson-Patman Act Has Been Misunderstood By Its Detractors
• The Risk Concept in the New Merger Guidelines: Treating a Proposed Merger Like Schrödinger's Cat
• The Final Merger Guidelines: Will the Agencies Have the Courage of Their Convictions?
• Recent Challenges to FTC Constitutionality: Surveying the Landscape
• Conduct Is Always a Threshold Requirement: Step Zero of the Antitrust Rule of Reason in Cases under Actavis
• Anatomy of Public Comments: An Empirical Analysis of Comments on FTC's Proposed Ban of Employee Non-Competes
• Scaling the 'Rebate Wall': Growing Scrutiny of Rebate Contracting in Pharma and Potential Responses