Abstract
The Antitrust Division of the US Department of Justice had a number of interesting cases during the last year. The merger between Comcast and NBC-Universal presented an interesting challenge of preserving existing competition from an emerging technology. The abandoned attempt by NASDAQ to acquire NYSE shed light on a number of competitive interactions between financial exchanges. Hospital contracts in Texas illustrated that exclusive dealing is still a violation of Section “NASDAQ’s Proposed Acquisition of NYSE” and will be pursued by the Antitrust Division. And, a number of cases as well as a new policy guide on the subject demonstrate that the Antitrust Division will work with parties and accept innovative remedies to eliminate competitive problems in ways that may better preserve efficiencies.
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