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Professor Kirkwood wins award for antitrust article

June 03, 2013

Professor Jack Kirkwood won a Jerry S. Cohen Award for the best antitrust scholarship of 2012 for his article, "Powerful Buyers and Merger Enforcement," published in the Boston University Law Review. He will receive the award during the American Antitrust Institute's Annual Conference on June 12 at the National Press Club in Washington.

Jack KirkwoodKirkwood's October 2012 article provides a comprehensive analysis of the role of buyer power in merger enforcement. It discusses the traditional approach to buyer mergers, suggesting modifications to better reflect the true dynamics of buyer power. Most important, it recommends that courts and enforcement agencies halt mergers that enhance anticompetitive countervailing power. Because many buyer combinations that increase such power are beneficial, the article identifies 10 situations in which a merger that augments countervailing power would reduce competition and diminish the welfare of consumers, suppliers, or society.

The award was created through a trust established in honor of the late Jerry S. Cohen, an outstanding trial lawyer and antitrust writer. It is administered by the law firm he founded, Cohen Milstein Sellers & Toll. The award is given each year to the best antitrust writing during the prior year that is consistent with the following standards established by the Board of Trustees of the Jerry S. Cohen Memorial Fund.

Kirkwood also serves as associate dean for strategic planning and mission at the law school.

The American Antitrust Institute is an independent Washington-based non-profit education, research, and advocacy organization. Its mission is to increase the role of competition, assure that competition works in the interests of consumers, and challenge abuses of concentrated economic power in the American and world economy.