Selected Publications

Joel’s published works include:

"EU Issues Competition Safe Harbor Guidelines for Sustainability Agreements," Cadwalader Climate Newsletter (June 13, 2023)

"Is ESG Conduct Exempt from Antitrust Scrutiny," Law360 (March 27, 2023)

"UK Proposes Guidance to Shield Competitor Agreements on Climate Change," Cadwalader Climate Newsletter (March 7, 2023)

"Antitrust Risks of ESG Initiatives: Rhetoric vs. Reality," Practising Law Institute (February 15, 2023)

"UK’s CMA Expands Investigation of Greenwashing," Cadwalader Climate Newsletter (February 3, 2023)

"United Kingdom Competition Authority Announces Support for Climate Change Agreements Among Competitors," Cadwalader Climate Newsletter (January 31, 2023)

"Hell or High Water Provisions in Merger Agreements: A Practical Approach," Harvard Law School Forum on Corporate Governance (May 25, 2022)

"Epic Games v. Apple Ruling: Antitrust Litigation Takeaways," Bloomberg Law (October 6, 2021)

"Cadwalader Discusses FTC’s About Face on Debt for Hart-Scott-Rodino Purposes," Columbia Law School’s Blue Sky Blog (September 17, 2021)

"The President’s Competition Order Signals the Return to Stricter Antitrust Enforcement," Practising Law Institute (August 6, 2021)

"A Slam Dunk from the Supreme Court for College Athletes: No Antitrust Immunity for the NCAA," Westlaw Today (June 23, 2021)

"How Speedway Deal Might Have Avoided Antitrust Gridlock," Law360 (June 4, 2021)

"Proposed Amendments Would Fundamentally Change HSR Compliance for Private Fund Managers," Hedge Fund Law Report (November 12, 2020)

"Justice Department Revises Merger Remedies Guidelines," New York University School of Law Program on Corporate Compliance and Enforcement (September 11, 2020)

"Interview with DAAG Richard Powers (by Joel Mitnick)," Cartel & Joint Conduct Review, Spring Edition (May 6, 2020)

"INSIGHT: Proposed Vertical Merger Guidelines - Increased Transparency or Opaque Glass?" Bloomberg Law (February 4, 2020)

"The Competition-Privacy Collision," Global Competition Review (December 13, 2019)

"INSIGHT: Big Tech Facing State Attorneys General Antitrust Freight Train," Bloomberg Law (September 20, 2019)

“Proving Antitrust Damages: Legal and Economic Issues, Third Edition," (Contributing Editor), American Bar Association (2017)

"Getting the Deal Through-Vertical Agreements, Annual Editions 2007 – 2017," U.S. Law Chapter, Global Competition Review

"Second Circuit Holds ‘Product Hopping’ May Violate Antitrust Laws," New York Law Journal (July 13, 2015)

"Courts’ Denials of Shareholder Suits Against Chinese Companies May Signal Broader Trend Toward Scrutiny Of Class Certification," BNA’s Securities Regulation & Law Report (February 24, 2014)

"The Dragon Rises: China’s Merger Control Regime One Year On," Antitrust (Summer 2009)

"On Life Support from Leeginaire’s Disease: Can the States Resuscitate Dr. Miles?" Antitrust (Summer 2008)

"Growing Pains: A Roadmap For Chinese Companies Learning To Live With Complex US Litigation," China Law And Practice (December 2007/January 2008)