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  Antitrust Source
  Volume 8, Issue 3, February 2009
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  • Interview with Shang Ming, Director General of China's Anti-Monopoly Bureau Under MOFCOM
        We interview Director General Shang Ming to gain insights into China's Anti-Monopoly Law and the merger notification and review process.
  • In re Hydrogen Peroxide Antitrust Litigation Bleaches Clean the Class Certification Standard
        Richard A. Ripley and Mark J. Glueck
        Richard A. Ripley and Mark J. Glueck analyze the Third Circuit's opinion on class certification in the Hydrogen Peroxide Antitrust Litigation and its implications for the evidentiary showing and analysis required to meet the requirements of Rule 23(b).
  • Towards a Consistent Antitrust Policy for Unilateral Conduct
        Jonathan M. Jacobson
        Jonathan M. Jacobson considers the different techniques advanced by the DOJ and FTC for assessing unilateral conduct and proposes reconciling them using an approach based on the rule of reason.

  • Appropriate Role(s) for Section 5
        Susan Creighton and Thomas Krattenmaker
        Susan Creighton and Thomas Krattenmaker examine recent cases under Section 5 of the FTC Act to identify what the FTC should do to strengthen antitrust law while remaining committed to its consumer welfare function.
  • Section 5 as a Bridge Toward Convergence
        Albert Foer
        Albert Foer points out several opportunities that Section 5 provides the FTC to bridge gaps in antitrust enforcement on an international scale.
  • Revitalizing Section 5 of the FTC Using "Consumer Choice" Analysis
        Robert Lande
        Robert Lande proposes that the FTC adopt the framework of consumer choice to best revitalize Section 5 and give it the broad interpretation Congress intended in a manner likely to be sustained by reviewing courts.
  • A Suggestion for the Revival of Section 5
        Thomas Leary
        Thomas Leary offers a new suggestion for the FTC to revive Section 5 by using it to enter largely uncharted territory and seek prospective relief only.
  • The FTC's Procedural Advantage in Discovering Concerted Action
        William Page
        William Page submits that in appropriate cases the FTC should make use of the procedural advantage it has over private plaintiffs by using its broad statutory investigative powers to discover evidence of prohibited concerted action.