Byline: Judge Susan G. Braden (Retired)

Efficiency Dept. Should Consolidate Antitrust Enforcement

In 1978, former President Jimmy Carter established the National Commission for the Review of Antitrust Laws and Procedures to recommend ways to expedite litigation, improve remedies, and review certain immunities and exceptions. As the late Arthur Austin, my former antitrust law professor at Case Western Reserve University School of Law, observed, however, the commission was… Read more »

Merger Guidelines Should Provide For Competition Trustees

On July 19, the Department of Justice and Federal Trade Commission announced proposed revised merger guidelines. Immediately, negative critique appeared in the legal and business press, despite the fact that it is highly unlikely these draft guidelines will be substantively changed for political reasons. The proposed guidelines list 13 factors that alone or in combination… Read more »

What I Learned at the Harvard Law School Program on Negotiation

As a federal judge, my exposure to mediation was the traditional method of having the mediator shuttle back and forth between the parties (and their lawyers), in private sessions --often lasting more than a day. Shortly after I retired, I had lunch with Ken Feinberg, one of the most famous and successful alternative dispute resolution... Read more »