Several CRA consultants and academic affiliates have been nominated for Antitrust Writing Awards. The awards aim to promote antitrust scholarship and competition advocacy by recognizing and awarding the best articles published in antitrust law and the law and economics fields over the past year. The winners will be announced April 5, 2022 during a ceremony hosted by Concurrences Journal and George Washington University Law School Competition Law Center. For more information on the awards, click here.
To take part in the voting, click on the article links below.
Academic articles
Nominee – Best Academic Article (Economics)
R you being foreclosed?
European Competition Journal, Oliver Latham and Chara Tzanetaki, December 17, 2021
In this article, Oliver Latham and Chara Tzanetaki draw parallels between the pandemic and foreclosure concerns in network industries by applying the “Susceptible, Infected, Recovering” (SIR) modeling approach to an antitrust setting.
Nominee – Best Academic Article (Concerted Practices)
Competing explanations for parallel conduct lessons from the Australian detergent case (ACCC v. Colgate-Palmolive)
Competition & Consumer Law Journal, George Hay and E. Jane Murdoch, August 3, 2021, Vol. 28
In this paper, George Hay and E. Jane Murdoch explore, in the Australian context, how a firm may escape the allegation that it has been a party to a contract, arrangement, or understanding even when its conduct in the marketplace appears to be roughly parallel to that of its competitors.
Nominee – Best Academic Article (Digital)
Addictive technology and its implications for antitrust enforcement
North Carolina Law Review, Niels J. Rosenquist, Fiona Scott Morton and Samuel Weinstein, 2022, Vol. 100 (forthcoming)
In this article, Neils J. Rosenquist, Fiona Scott Morton, and Samuel Weinstein argue that antitrust analysis must reject the output proxy and return to a focus on consumer welfare itself in cases involving addictive social media platforms.
Business articles
Nominee – Best Business Article (Economics)
When antitrust’s consumer welfare standard and ESG collide
Law360, Joshua Sherman, October 4, 2021
An increased focus on environmental, social, and corporate governance (ESG) has caused firms to contemplate the antitrust ramifications of collaborating on sustainability initiatives that may lead to an increase in prices. For example, firms may consider collaborating on production methods that reduce pollution, thereby benefiting individuals who do not necessarily consume the firms’ products or services. Are such agreements anti-competitive under antitrust’s consumer welfare standard? Joshua Sherman discusses the need for clarity from policymakers given firms’ intensified interest in ESG-related collaboration.
Nominee – Best Business Article (IP)
The current state of SEP litigation in China
Antitrust Magazine (American Bar Association), Fei Deng, Shan Jiao and Guanbin Xie, April 4, 2021, Vol. 35, Issue 2
In this article, Fei Deng, Shan Jiao, and Guanbin Xie provide an overview of the state of SEP litigation in China, including the legislative and procedural background, trends in mobile telecommunications’ SEP litigation in China over the past decade, and key judgments issued by Chinese courts.
Nominee – Best Business Article (Mergers)
The real dish on the T-Mobile/Sprint merger: A disastrous deal from the start
ProMarket, Melody Wang and Fiona Scott Morton, April 23, 2021
In this article, Melody Wang and Fiona Scott Morton argue that to guard against repeating the mistake of T-Mobile/Sprint, we need a strengthened structural presumption, one that statutorily instructs flipping the burden of persuasion to defendants and requires “clear and convincing evidence” to be rebutted.
