How Italian Colors Guts Private Antitrust Enforcement by Replacing it with Ineffective Forms of Arbitration

The United States is becoming more like Europe, and not in a good way. For a long time, the central difference between antitrust enforcement in the United States and Europe has been that the United States features not only public enforcement, but a vigorous system of private antitrust enforcement, while in Europe, public agencies have had an effective monopoly on antitrust enforcement. But that difference is on the verge of collapsing. We are achieving a form of convergence; but contrary to expectations, this convergence is not coming from recent European efforts to facilitate private enforcement, which have not yet overcome some serious obstacles on discovery and class actions. Instead, it is coming from the recent US Supreme Court decision in American Express v. Italian Colors Restaurant, which threatens to gut private antitrust enforcement in the United States by replacing it with ineffective forms of arbitration

CFD applications in bioreactor development and strategies for scaling up and down

CFD (computational fluid dynamics) is becoming a common and practical tool for modeling the hydrodynamic environment of bioreactor processes. It can be used in addition to traditional methods to characterize fluid flow in production bioreactors in order to develop scale up and scale down models for enhanced transfer of processes from pilot to manufacturing scale. This poster will highlight CFD simulations and other traditional bioreactor characterization methods which have enabled better understanding of how scale up parameters, such as shear rate, power per unit volume (P/V), mixing time, and kLa affect cell culture processes and support Regeneron’s Quality by Design (QbD) efforts

How Should Competition Law Be Taught?

In a recent review of Global Competition Law and Economics, a book I co-wrote with Damien Geradin, John Kallaugher raises some interesting questions about the very premises of the book. These questions seem worth addressing because they go well beyond an assessment of the book to raise fundamental pedagogical issues about the best approach to teaching competition law in the 21st century. The fundamental differences are threefold. John Kallaugher argues that competition law courses should: (1) favor vocational training over analytical and economic issues; (2) limit their scope to a single legal jurisdiction; and (3) focus on procedure rather than substance. The premises of the book are precisely the opposite, and conform to my own views about how best to teach a competition law course. First, competition law courses should focus on underlying analytical and economic ideas, rather than on vocational memorization of particular doctrinal formulations, mainly because it is the underlying ideas that drive the actual resolution of cases. Those ideas are thus central to good antitrust lawyering, as well as to a sophisticated understanding of the content of modern competition law. Second, competition law courses should abandon the blinkered focus on one legal jurisdiction, because the reality of modern international markets means that business and law firms must understand the combination of laws that apply to conduct and mergers, and ideas and trends in legal development constantly flow between jurisdictions. Third, competition law courses should focus on the substance of how cases are resolved, rather than fixating on procedural rules, because it is the substantive analysis that is more distinctive to competition law, harder for lawyers to learn on the job, and in the end determines how businesses can act