Peter Boberg, with lawyers from WilmerHale, published an article in Law360 on the use of the capacity closure model to analyze whether a merged firm will have the incentive and ability to close production facilities to raise prices. Used in the review of the Temple-Inland acquisition, the DOJ has applied the capacity closure model to other paper product markets and industries, including most recently the Ardent Mills wheat-milling joint venture among ConAgra, Cargill and CHS. To read the article, click the link below.
Anticompetitive conduct and patents listed in the Orange Book
Branded pharmaceutical manufacturers are required by law to list all patents in the Orange Book that cover an approved drug product. However,...