Corporate & Securities Law

Big Changes in Brazilian Antitrust Likely by the End of the Year

Posted on May 06, 2010
Posted by D. Daniel Sokol I have been hearing for the last few years that we are just a year away from serious change in the Brazilian antitrust system - sort of like the common saying that Brazil is the...

UK's Office of Fair Trading Looking to Hire

Posted on May 05, 2010
Posted by D. Daniel Sokol The Office of Fair Trading is are currently recruiting for Deputy Directors and Senior Policy Advisors to join its Competition Policy team. OFT824 Deputy Directors, Policy Group c. £60,000 plus excellent benefits, London As the...

Revised rules for the assessment of horizontal cooperation agreements under EU competition law

Posted on May 05, 2010
Posted by D. Daniel Sokol The European Commission has unvieled Revised rules for the assessment of horizontal cooperation agreements under EU competition law. This is the topic of a conference being organizing in Cyprus on May 22.

Best Practices for the Conduct of Antitrust Procedures: Further Thoughts

Posted on May 05, 2010
Posted by D. Daniel Sokol Ingrid Vandenborre & Nikolaos Peristerakis (Skadden) have written on Best Practices for the Conduct of Antitrust Procedures: Further Thoughts. ABSTRACT: On March 3, 2010, the European Commission (the "Commission") completed the public consultation of two...

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Whom to Merge with? A Tale of the Spanish Banking Deregulation Process

Posted on May 05, 2010
Posted by D. Daniel Sokol Ana Lozano-Vivas (Department of Economic Theory, Universidad de Málaga), Miguel A. Meléndez-Jímenez (Department of Economic Theory, Universidad de Málaga), and Antonio J. Morales (Department of Economic Theory, Universidad de Málaga) have posted Whom to Merge...

Competition Among Spatially Differentiated Firms: An Empirical Model with an Application to Cement

Posted on May 05, 2010
Posted by D. Daniel Sokol Nathan H. Miller and Matthew Osborne (both DOJ Antitrust) have posted an interesting paper on Competition Among Spatially Differentiated Firms: An Empirical Model with an Application to Cement. ABSTRACT: The theoretical literature of industrial organization...

Due Process Before the Commission of the European Union? Some Reflections Upon Reading the Commission Draft Paper on Best Practices in Antitrust Proceedings

Posted on May 05, 2010
Posted by D. Daniel Sokol Bo Vesterdorf (Herbert Smith and Plesner) explores Due Process Before the Commission of the European Union? Some Reflections Upon Reading the Commission Draft Paper on Best Practices in Antitrust Proceedings. ABSTRACT: In this comment, I...

Invitation to Review CUTS Project

Posted on May 05, 2010
Posted by D. Daniel Sokol Sealed proposals (technical and financial) are invited from competent firms to review the CUTS project, entitled ?A pilot project on capacity building on electricity reforms in Nepal, Bangladesh and India (West Bengal & Rajasthan), popularly...

How Loyalty Discounts Can Perversely Discourage Discounting: Comment

Posted on May 05, 2010
Posted by D. Daniel Sokol Assaf Eilat, Jith Jayaratne, Janusz Ordover (Compass Lexecon), & Greg Shaffer (University of Rochester) explain How Loyalty Discounts Can Perversely Discourage Discounting: Comment. ABSTRACT: The academic literature on loyalty discounts and exclusive dealing demonstrates that...

Severing Parent Liability For Cartel Infringements By Employees Of Subsidiaries

Posted on May 04, 2010
Posted by D. Daniel Sokol Yves Botteman & Laura Atlee (Steptoe & Johnson) explore Severing Parent Liability For Cartel Infringements By Employees Of Subsidiaries. ABSTRACT: We have previously discussed the Akzo Nobel case, in which the European Court of Justice...

Best Practices in Article 101 and 102 Proceedings: Some Suggestions for Improved Transparency

Posted on May 04, 2010
Posted by D. Daniel Sokol Marcus Glader (Vinge) suggests Best Practices in Article 101 and 102 Proceedings: Some Suggestions for Improved Transparency. ABSTRACT: DG Competition has recently published three draft guidance papers setting out best practices for antitrust proceedings...

Critical Loss v. Diversion Analysis: Another Attempt at Consensus

Posted on May 04, 2010
Posted by D. Daniel Sokol Malcolm Coate (FTC) & Joseph J. Simons (Paul Weiss) explain Critical Loss v. Diversion Analysis: Another Attempt at Consensus. ABSTRACT: In our paper Critical Loss vs. Diversion Analysis: Clearing up the Confusion, we tried to...

The Proposed Revisions to the Horizontal Merger Guidelines: What Firms Contemplating a Transaction Should Know

Posted on May 04, 2010
Posted by D. Daniel Sokol The Proposed Revisions to the Horizontal Merger Guidelines: What Firms Contemplating a Transaction Should Know On April 20, 2010, the US Federal Trade Commission (FTC) and the US Department of Justice (DOJ) released for public...

The FTC Complaint against Intel Corporation: Implications for Consumer Protection

Posted on May 04, 2010
Posted by D. Daniel Sokol Maureen Olhausen (Wilkinson Barker Knauer) discusses The FTC Complaint against Intel Corporation: Implications for Consumer Protection. ABSTRACT: The Federal Trade Commission's controversial complaint against Intel Corporation contains much that will keep antitrust experts busy litigating,...

United/Continental Merger Announced

Posted on May 03, 2010
Posted by D. Daniel Sokol The merger announcement is now official. But will it get antitrust approval? The competitive balance of airlines has changed since the Delta/Northwest merger and it also seems that airlines cannot make a profit even after...

Mergers when firms compete by choosing both price and promotion

Posted on May 03, 2010
Posted by D. Daniel Sokol Steven Tenna (FTC), Luke Froeb (Vanderbilt), and Steven Tschantz (Vanderbilt) ponder Mergers when firms compete by choosing both price and promotion. ABSTRACT: We analyze the bias from predicting merger effects using structural models of price...

Banking Competition and Capital Ratios

Posted on May 03, 2010
Posted by D. Daniel Sokol Martin Cihák, International Monetary Fund (IMF) and Klaus Schaeck, Bangor Business School, University of Wales explore Banking Competition and Capital Ratios. ABSTRACT: Empirical studies provide evidence that bank capital ratios exceed regulatory requirements...

Congrats to Einer Elhauge - Winner of the 2010 Jerry S. Cohen Award

Posted on May 03, 2010
Posted by D. Daniel Sokol Einer Elhauge, the Petrie Professor of Law at Harvard Law School, has been selected as the recipient of the Jerry S. Cohen Award for Antitrust Scholarship for his article ?Tying, Bundled Discounts, and the Death...

Deutsche Telekom and Pacific Bell v. Linkline: Does Competition Law Have a Place in Regulated Industries?

Posted on May 03, 2010
Posted by D. Daniel Sokol Martin Holterman, University of Twente - School of Management and Governance asks Deutsche Telekom and Pacific Bell v. Linkline: Does Competition Law Have a Place in Regulated Industries? ABSTRACT: In two recent cases, the Supreme...

Dialectical Antitrust: An Alternative Insight into the Methodology of the EC Competition Law Analysis

Posted on May 03, 2010
Posted by D. Daniel Sokol Oles Andriychuk (University of East Anglia) offers Dialectical Antitrust: An Alternative Insight into the Methodology of the EC Competition Law Analysis. ABSTRACT: The main idea behind this article was to perform a theoretical analysis of...

Designing Antitrust Agencies for More Effective Outcomes: What Antitrust Can Learn From Restaurant Guides

Posted on May 03, 2010
Posted by D. Daniel Sokol D. Daniel Sokol (University of Florida - Law) has posted a symposium essay Designing Antitrust Agencies for More Effective Outcomes: What Antitrust Can Learn From Restaurant Guides. It is probably the only antitrust article ever...

Apple a Potential Target of a US Government Antitrust Suit

Posted on May 03, 2010
Posted by D. Daniel Sokol The news report is here.

Joaquín Almunia Speaks on Competition in Postal Services

Posted on May 01, 2010
Posted by D. Daniel Sokol Joaquín Almunia (European Commission) gave an interesting speech on Postal services: state aid aspects. My own thoughts on competition in postal services can be found in an article that you can download here.

Job Posting for an Amazing Job: OECD Head of Competition Division

Posted on May 01, 2010
Posted by D. Daniel Sokol The OECD has posted information on a job vacancy for the Head of Competition Division's position. 28 May is the closing date for applications. This job opening has also been posted on the OECD website...

Semi-Collusion on Investments in the Mobile Internet Market

Posted on April 30, 2010
Posted by D. Daniel Sokol Torben Stühmeier, University of Duesseldorf, Düsseldorf Institute for Competition Economics has posted Semi-Collusion on Investments in the Mobile Internet Market. ABSTRACT: This model analyzes mobile network operators' (MNOs) incentives to invest in their facilities in...

DG Competition is looking for competition lawyers and economists

Posted on April 30, 2010
Posted by D. Daniel Sokol See here.

International Competition Network Adopts Recommended Practices to Improve Merger Analysis and Presents Report on Unilateral Conduct Issues

Posted on April 30, 2010
Posted by D. Daniel Sokol The DOJ press release is here.

Summary of ICN Work Plan for 2010-11

Posted on April 30, 2010
Posted by D. Daniel Sokol With the ICN meeting over, the world's antitrust enforcers can focus on next steps for the upcoming year. Please see here for the 2010-11 work plan.

Against the Stand-Alone-Cost Test in U.S. Freight Rail Regulation

Posted on April 30, 2010
Posted by D. Daniel Sokol Russ Pittman (DOJ) has posted a diatribe Against the Stand-Alone-Cost Test in U.S. Freight Rail Regulation. ABSTRACT: The stand-alone-cost test has become an expensive, extensive, and time-consuming part of the regulatory practice of the U...

21st Annual Communications and Competition Law Conference

Posted on April 30, 2010
Posted by D. Daniel Sokol 21st Annual Communications and Competition Law Conference 17 - 18 May 2010 Hotel Arts, Barcelona, Spain Online Registration Programme Live Delegate Search Live Programme Search A conference presented by the IBA Communications Law Committee and...

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