TABLE OF CONTENTS

Foreword
John Taladay, Pau Lugard & Jane Antonio
List of Contributors
Table of Contents
Biography

Articles
James F. Rill and the Robinson-Patman Follies
Terry Calvani
I.The Birth and Early Enforcement of the Robinson-Patman Act
II.The Act's Slow Demise
1. Tightening the "In Commerce" Requirement
2. Non- Existent Enforcement and Strict Construction of the Borah-Van Nuys Amendment
3. Competitive Injury Gets Harder to Prove
4."Meeting Competition" Defense Expanded
5. Non-Statutory "Defenses" Recognized: Availability
6. Buyer Liability Under Section 2(F) Restricted
7. Private Litigation Made Much Less Attractive
8. Summing Up the Landscape for Enforcement Today
III. The FTC's Current Effort to Revive the Act

Jim Rill and the Robinson-Patman Act
Irving Scher

I. The Disappearance of FTC R-P Enforcement
II.The Current R-P Act Revival at the FTC
III.1966 Article on Brokerage
IV.1969 Article on R-P Act Counseling
V. 1977 Article on Payments to Foreign Officials
VI. 1979 Article on Private Enforcernent of the R-P Act.
VII. 1985 Article on Availability and Functional Discoulnts
VIII. ConcIusion

James F. Rill: Building Consensus and a Foundation for the Future of Antitrust Enforcerment
Bernard ("Barry") A. Nigro Jr

I. A Guiding Mentor
II. Assistant Attorney General
III. Events Leading to lhe Modernization of the Horizontal
Merger Guidelines
IV. 1992 Horizontal Merger Guidelines: Transition to a Modern
Reasoned Analysis
V. A Global Impact on Antitrust Law: The US-EU Positive
Comity Agreement
VI. International Coordination and Cooperation
VII. Conclusion

International Cooperation on Competition: Auspicious Beginnings but Unfinished Business
Frederic Jenny
I.Introduction
II.International Cooperation on Competition: Setting the Scene
III. International Cooperation on Competition Comes of Age
IV. The Need for New Forms of International Cooperation

Looking Ahead by Looking Back at the 1991 US-EU Bilateral Agreement
Hugh M. HolIaman & Àrianna Fletcher

I.Introduction
II.Setting the Scene - The Early 1990s
III. Expansion of Antitrust Regimes in the 1990s and Formulation of Approaches to Antitrust Enforcement Across National Borders
IV. First Path - Harmonization
V. Second Path - Promotion of National Interests
VI. Third Path - Formalized Agreements
VII. The 1991 US-EU Cooperation Agreement and Positive Comity
VIII. Positive Comity in Practice
IX. Convergence vs. Harmonization: A Critical Distinction
X. International Competition Forums - Their Role in Fostering Convergence
XI.Looking Ahead by Looking Back

International Convergence in Antitrust
Philip Lowe

I. Sources of Divergence
II. Procedural Divergence
III. Substantive Divergence
IV. Comit

James F. Rill - An Internationalist Mind: Origins,Development and Future of the ICN
Eleanor Fox, Merit E. Janow & Eduardo Perez Motta

I. Introduction
II. Before ICPAC: International Competition Issues with Jim's
Distinctive Influence
1.Technical Assistance to the Transitional Countries
2.Mutual Exchanges and Positive Comity
3.Trade and Competition: Opening the World
III.A Steppingstone to ICN: ICPAC
IV. ICN: Its Main Achievements
V. Jim Rill: A Forward Thinker on Trade and Competition
1. The Bilateral Approach to Connect International Trade
and Investment with Competition
2.The Multijurisdictional Strategy: From ICPAC to ICN
VI. A New Reality: Could We Use Ideas Developed by Jim RiIl
1. Role of the ICN in International Trade and Investment
Negotiations to Protect Competition
VII. A Concluding Tribute

Rillpolitik: Cooperation and Mutual Respect to Build Trust in Antitrust
Jana I. Seidl

I. Introduction
II. Promoting a Unified US Domestic Antitrust Policy
III. Fostering International Competition Policy and Convergence
1. Competition Law as a Force for Open Markets in the Far East and Eastern Europe
2. Positive Comity in Trade Agreements, the Formation of the International Competition Network, and Convergence
on Procedural Competition Law Norms
IV.Conclusion

Due Process: A Challenge to the International Antitrust Community
Tad Lipsky & Randolph Tritell

I. Introduction
II. Due Process in Antitrust - International Differences
III. Study and Reform Efforts: Due Process in International
Competition Bodies and Trade Agreements
1. The Development. of Due Process Standards in International
Competition Bodies
2. Due Process Provisions in Trade Agreements
IV. Effectiveness of Due Process Standards and Future Prospects

Due Process Protection, Consumer Welfare Promotion, and Anticompetitive Market Distortion (ACMD) Reforms: Three Major Challenges for International Competition Policy
Ãlden F. Abbott

I. Background: Rill the Accidental Internationalist.
II. Due Process in Antitrust and the Rule of Law
III. The Consumer Welfare Standard and the Rule of Law
IV. Anticompetitive Market Distortions and the Rule of Law
V. Conclusions.

Dancing Partners: US Antitrust and Trade Policy
Tad Lipsky & Sean Heather

I. Introduction
II. First Dance: Structural Impediments Initiative (SII) Talks - Early 1990s
III. Refusal to Dance: WTO Working Group on Trade
and Competition Policy - 1997- 2000
1. US Department of Justice's International Competition Policy
Advisory Committee ( ICPAC)
IV. The Due process Tango - 2009-2021
1. Early Days: Competition Chapters in Free Trade Agreements ( FTAs)
2. KORUS FTA
3. Due Process at OECD & ICN: Dancing Without USTR
4. Recent Efforts in FTAs: Dance Card with USTR
5. USMCA: Competition Chapter Gold Standard
VI. Dancing to a Different Beat - Today
1. IPEF and the march 2023 Secretive Letter
2. Baptism of Ambassador Tai
3. Upending Trade Obligations More Broadly
VII. Conclusion

The Consumer Welfare Standard: Domestic Development,International Convergence, and the Rumors of its Demise
Christine S. Wilson & Keith Klovers

I.Prior International Convergence on the Consumer Welfare Standard
1. The Development and Adopion of The Consumer Welfare Standard in the United States
2. ICPAC, the ICN, and Iternational Convergence on Consumer Welfare
II. Dissolution of the US Consensus and International Spillover Effects
1. Unraveling the Consensus
2. American Discord Has Encouraged International Divergence
III. Looking Ahead
IV. Conclusion

Jim Rui, the Federal Trade Commission, and the Development of Consumer Protection Policy
J. Howard Beales III & Timonthy J. Muris

I. Introduction
II. Competing Visions of Consumer Protection
1. Enhancing Market Performance
2. The Modern Progressive Response: Questioning Consumer Choices
III. Implementing Policy: How Much Discretion
1. Enhancing Market Performance: Policy Statements to Narrow Discretion
2. The Modern Progressives: Discretion Unchained
IV. Who Are We Really Protecting?
V. Conclusion

Institutional Design of Competition Authorities
Allan Fels, AO

I. Integration Competition and Consumer Policy Within a Single
Institution: Benefits
II. Integration Competition and Consumer Policy Within a Single
Institution: Costs
III. Concluding Observations

Getting Less for More: The Failure of Competition and Competition Law to Protect Retail Consumers
Roy E. Hoffinger

I. lntroduction
II. The Severity, Duration, and Ubiquity of the Decline in Customer
Satisfaction
III.The Role of Short -Term lnvestment Objectives and Equity-Based
Executive Compensation in the Decline of Customer Satisfaction
IV. The Increasing Deployment by Businesses of Particular Measures
Diminishing Customer Satisfaction While Slowing the Volume
and Pace of Customer Defections
V. The Absence of Differentiated Offers in the Market
VI. What Can Be Done to Protect Consumers?
VII.Conclusion

The Super League Case: FIFA and UEFA and the Creation of New Competitions
Cecilio Madero Villarejo & Jaime Andreu Romeo

I. Introduction
II. From the European Cup to the Super League
III. The Super League - The Unwelcome Guest
IV. The Arguments of the CJEU
V. The Scope of Article 165 TFEU
VI Conclusion

Legal Professional Privilege: A Transatlantic Perspective
Trevor Soames, Athena Kontosakou & Christina Kolotourou

I. Introduction
II.Current State of EU LPP
III. State of LLP in EU Member States
IV. Current State of LPP in the United States.
V. The Severe Risk of Waiver of Privilege and the Legal Lacuna
VI. Practice, Further Challenges, and Considerations

Personal Tributes
A Tribute to James F. Rill's Bilateral and International Competition Law and Policy Initiatives
Calvin S. Goldman, K.C.

1.1988
II.1989
III. 1990s – ABA
IV. BIAC,ICN and ICC

The Landmark Generics Case in Brazil
Mauro Grinberg
I.The Administrative Decision
II. The Public Attorney Action
III. The Actions of the Parties
IV. The Appeal
V. The Second Appeal
VI. The Importance of the Case

James Rull and the Birth of the ICN
Konrad Von Finckenstein, CM., K.C.

A Personal Tribute to Jim Rull
Theodore (Ted) Voorhees, Jr.

Index
Contributor Biographies