Douglas H. Ginsburg

Some scholars have argued that the phenomenon known as common ownership, particularly by large investment managers, is anticompetitive and prohibited by the U.S. antitrust laws. These proponents call for the divestiture of trillions of dollars of equities. We believe the argument for antitrust (...)

The panel is devoted to the issue of the geographical scope of competition laws, mainly antitrust law in the public enforcement context. According to the principles of international law, the territoriality principle shall be respected both to determine the jurisdiction to prescribe and the (...)

This foreword is an In Memoriam of Justice Scalia. In his 30 years on the Supreme Court, Justice Scalia wrote only three opinions for the Court based directly upon the Sherman Act. In other cases involving antitrust claims, he wrote opinions for the Court resolving the claims based not upon (...)

This second roundtable of the conference “New frontiers of Antitrust” (Paris, 21 February 2014) was dedicated to the: “Patents: Can antitrust authorities contribute to fixing the dysfunctional patent system?”. This roundtable acknowledges the fact that there is an increasing number of cases at the (...)

The beginning of a shift toward a more regulatory and less litigation-oriented regime of antitrust enforcement was observable by the mid-1990s, if not earlier. The transition toward this more bureaucratic approach by antitrust enforcement agencies is the subject of our analysis. Consent decrees (...)