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6/12/2009 10:37:52 AM EST
LexisNexis Corporate & Securities Law Center Staff
Antitrust Counseling and Litigation Techniques
The most recent release of this six volume reference work reflects the 2009 District of Columbia District Court decision FTC v. CCC Holdings Inc., 2009 U.S. Dist. LEXIS 21784 (D.D.C. 2009). There, the court determined that, despite product heterogeneity, lack of price transparency, and large contracts all indicating difficulty colluding, the presence of a stable, mature market, where customers rarely switched suppliers, low industry growth rates, increasing product segmentation, and significant barriers to entry created an environment conducive to tacit collusion. Furthermore, the chapter reviews the merger between Sirius and XM.  In addition, the updated treatise now more thoroughly discusses the Foreign Trade Antitrust Improvements Act (FTAIA). The FTAIA states that the Sherman Act no longer applies to transactions the principal effects of which are felt in markets wholly outside the United States. However,  the FTAIA’s precise effect of the  is yet to be determined because the Supreme Court has not decided whether the Act merely codified case law on the extraterritorial reach of the Sherman Act or amended the case law.
  
 

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