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  Antitrust Source
  Volume 9, Issue 2, December 2009
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  • Repositioning and the Revision of the Horizontal Merger Guidelines
        Peter Boberg and John Woodbury
        What explains the explosive rise of microbrews and craft beers? Why does your neighborhood pharmacy carry over 150 different shampoos? Peter Boberg and John Woodbury answer these provocative questions and more in considering what role repositioning should play in the merger review process as the DOJ and FTC begin the task of revising the Horizontal Merger Guidelines.
  • Conflict and Ethics Issues Arising from Joint Defense/Common Interest Relationships
        Kathryn M. Fenton
        Attorneys and their law firms can face unforeseen ethical or fiduciary obligations as a result of entering into or terminating a joint defense relationship. Kathryn M. Fenton addresses some of these obligations in light of a recent D.C. bar ethics opinion.
  • Antitrust Federalism in Action—State Challenges to Vertical Price Fixing in the Post-Leegin World
        Alan Barr
        Alan Barr considers the role of state law in challenging vertical price-fixing agreements after Leegin and argues that federalism principles should allow state attorneys general to continue their pursuit.
  • Health Insurance and Federal Antitrust Law: An Analysis of Recent Congressional Action
        Michael G. Cowie
        In the national debate over health care reform, some have called for an end to the McCarran-Ferguson Act's antitrust exemption for health insurers, and several bills are now pending in Congress to accomplish this objective. Michael G. Cowie presents a timely look at these legislative initiatives and considers whether the proposed legislation is advisable.
  • Does the Tail Wag the Dog? Sixty Years of Government and Private Antitrust in the Federal Courts
        Paul Godek
        Many believe that the new administration's antitrust enforcement efforts will amount to a full-employment act for antitrust lawyers. Paul Godek looks at historic governmental and private antitrust filings in federal court and concludes that may not be so.
  • Book Review: Filling a Void in Latin American Antitrust Literature
        Ricardo Jungmann
        Ricardo Jungmann notes the dearth of literature on the subject of competition law in Latin America and finds that the collection of articles in Competition Law and Policy in Latin America is a step in the right direction.
  • Paper Trail: Working Papers and Recent Scholarship
        We review a study that is apparently the first to measure the deterrent effects of merger enforcement on the frequency of future merger activities.