Corporate & Securities Law

Assessing the Implications of Upstream Buyer Power on Downstream Consumers

Posted on August 24, 2009
Posted by D. Daniel Sokol For those who want an easy to follow overview of buyer power, James Mellsop (NERA) and Kevin Counsell (NERA) have a new short article on Assessing the Implications of Upstream Buyer Power on Downstream Consumers....

Windows 7 is Really Cool

Posted on August 24, 2009
Posted by D. Daniel Sokol This past weekend I tested out a version of Windows 7. I am not a tech geek. Overall, my experience as a "regular guy" user of Vista was ok. It worked fine but I didn't...

Getting Linkedin to Antitrust and Competition Issues

Posted on August 23, 2009
Posted by D. Daniel Sokol Ever wonder who the other readers of the blog are and your potential opportunities to network with them? I have created a Linkedin site for readers of the blog to network and post announcements on...

AAI Third Annual Invitational Symposium on the Future of Private Antitrust Enforcement

Posted on August 22, 2009
Posted by D. Daniel Sokol On December 8, 2009 the American Antitrust Institute will host its third annual Invitational Symposium on the Future of Private Antitrust Enforcement at the National Press Club in Washington D.C. This year, our program will....

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Fingleton named "Business big shot of the week" by the Times

Posted on August 22, 2009
Posted by D. Daniel Sokol OFT head John Fingleton is the new Business big shot of the week. Well done.

Ultrabroadband Competition in Two-Sided Markets

Posted on August 21, 2009
Posted by D. Daniel Sokol Armando Calabrese, University of Rome I, Massimo Gastaldi, University of L'Aquila, Irene Iacovelli, University of Rome II, and Nathan Levialdi Ghiron, University of Rome II discuss Ultrabroadband Competition in Two-Sided Markets...

Searching for the Long-Lost Soul of Article 82EC

Posted on August 21, 2009
Posted by D. Daniel Sokol Pinar Akman (Centre for Competition Policy, University of East Anglia) is Searching for the Long-Lost Soul of Article 82EC. ABSTRACT:This article has two interrelated purposes, one of historical and one of contemporary significance...

Modern Industrial Economics and Competition Policy: Open Problems and Possible Limits

Posted on August 21, 2009
Posted by D. Daniel Sokol Oliver Budzinski (Environmental and Business Economics - University of Southern Denmark) explores Modern Industrial Economics and Competition Policy: Open Problems and Possible Limits. ABSTRACT: Naturally, competition policy is based on competition economics made applicable in...

Fines Against Hard Core Cartels in Europe: The Myth of Over Enforcement

Posted on August 20, 2009
Posted by D. Daniel Sokol Emmanuel Combe, Université Panthéon-Sorbonne (Paris 1) and Constance Monnier, Université Panthéon-Sorbonne (Paris 1) discuss Fines Against Hard Core Cartels in Europe: The Myth of Over Enforcement. ABSTRACT: Based on a sample of 64 cartels convicted...

Selective Distribution and Luxury Goods: The Challenge of the Internet?

Posted on August 20, 2009
Posted by D. Daniel Sokol Emily Clark, Mat Hughes, & Denis Waelbroeck (all Ashurst) address Selective Distribution and Luxury Goods: The Challenge of the Internet? ABSTRACT: On July 28, 2009 the European Commission published for consultation its proposals for a...

Hear No Evil, See No Evil: Why Antitrust Compliance Programmes May Be Ineffective at Preventing Cartels

Posted on August 20, 2009
Posted by D. Daniel Sokol Andreas Stephan of the University of East Anglia Centre for Competition Policy has an interesting paper on Hear No Evil, See No Evil: Why Antitrust Compliance Programmes May Be Ineffective at Preventing Cartels. ABSTRACT: Cartel...

An Agent Based Cournot Simulation with Innovation: Identifying the Determinants of Market Concentration

Posted on August 20, 2009
Posted by D. Daniel Sokol Tim Kochanski (Systems Science Program ? Department of Economics Portland State University) undertakes work in An Agent Based Cournot Simulation with Innovation: Identifying the Determinants of Market Concentration. ABSTRACT: In this paper, I develop a...

An Antitrust Assessment of the Google Book Search Settlement

Posted on August 19, 2009
Posted by D. Daniel Sokol Mark A. Lemley, Stanford Law School provides An Antitrust Assessment of the Google Book Search Settlement. The Google Book Search settlement has prompted a flurry of attention from commentators, including a number of respected scholars...

Cartel Facilitators Beware?AC Treuhand Spurs Competition Authorities into Action

Posted on August 19, 2009
Posted by D. Daniel Sokol Wilko van Weert (SJ Berwin) & Gordon Christian (SJ Berwin) write on Cartel Facilitators Beware?AC Treuhand Spurs Competition Authorities into Action. ABSTRACT: It is uncontroversial that undertakings that are active in a particular industry (e...

Antitrust Conference in Honor of Joseph Brodley

Posted on August 19, 2009
Posted by D. Daniel Sokol Antitrust Conference in Honor of Joseph Brodley Boston University September 18, 2009 (Friday) Professor Joe Brodley, after a long and distinguished career as an antitrust scholar, retired at the end of the Spring 2009 semester...

The Core of Antitrust and the Slow Death of Dr. Miles

Posted on August 19, 2009
Posted by D. Daniel Sokol Thomas C. Arthur, Emory University School of Law explains The Core of Antitrust and the Slow Death of Dr. Miles. ABSTRACT: In 1911 the Supreme Court held in Dr. Miles that all forms of resale...

It Ain?t Funny How Time Slips Away: Amnesty Recipient Cooperation in Civil Antitrust Litigation

Posted on August 19, 2009
Posted by D. Daniel Sokol Jay L. Himes (Labaton Sucharow) describes It Ain?t Funny How Time Slips Away: Amnesty Recipient Cooperation in Civil Antitrust Litigation. ABSTRACT: Five years ago, Congress enacted the Antitrust Criminal Penalty Enhancement and Reform Act of...

The Rule of Reason under Article 82 EC after Sot Lelos Kai Sia

Posted on August 18, 2009
Posted by D. Daniel Sokol Tu T. Nguyen, Faculty of Law, Lund University, Timo Minssen, and Xavier Groussot, explain The Rule of Reason under Article 82 EC after Sot Lelos Kai Sia. ABSTRACT: Using Sot. Lelos kai Sia as a...

Pharmaceutical Patent Settlements?A Presumption in Reverse

Posted on August 18, 2009
Posted by D. Daniel Sokol Kristina Nordlander (Sidley Austin) & Patrick Harrison (Sidley Austin) explain Pharmaceutical Patent Settlements?A Presumption in Reverse. ABSTRACT: On July 8, 2009, the European Commission?s Directorate General for Competition (?DG Comp?) issued the much-anticipated Final Report...

Pricing Practice in the Postal Industry: Current Approaches and Challenges Under Liberalization

Posted on August 18, 2009
Posted by D. Daniel Sokol Paul R. Kleindorfer, Wharton School, Paul Dubrule Professor of Sustainable Development & Distinguished Research Professor at INSEAD and Zoltan Szirmay, Roland Berger Strategy Consultants provide thoughts on Pricing Practice in the Postal Industry: Current Approaches...

Rules Versus Standards and the Antitrust Jurisprudence of Justice Breyer

Posted on August 18, 2009
Posted by D. Daniel Sokol Lee Greenfield (Wilmer) and Daniel Matheson (Wilmer) have a good short article on Rules Versus Standards and the Antitrust Jurisprudence of Justice Breyer. ABSTRACT: Stephen Breyer?s antitrust opinions have consistently focused on searching for the...

The Efficiency Paradox

Posted on August 17, 2009
Posted by D. Daniel Sokol Eleanor Fox (NYU Law) discusses The Efficiency Paradox. ABSTRACT: The article assumes arguendo that efficiency is the sole goal of antitrust. It then observes that how to achieve efficiency by applications of antitrust law is...

Exclusive Dealing, Market Shares and the Safe Harbour of Regulation 2790/1999 - Time for a Rethink?

Posted on August 17, 2009
Posted by D. Daniel Sokol Nicolas Petit, University of Liege Law and Marc Abenhaim ask Exclusive Dealing, Market Shares and the Safe Harbour of Regulation 2790/1999 - Time for a Rethink? ABSTRACT: The present paper discusses whether the market share....

The Australian Criminal Cartel Regime: A Model for New Zealand

Posted on August 17, 2009
Posted by D. Daniel Sokol Caron Beaton-Wells and Brent Fisse (both University of Melbourne Law School) have posted The Australian Criminal Cartel Regime: A Model for New Zealand. ABSTRACT: In January 2008 the Australia government released exposure draft materials relating...

Sustaining Cooperation with Joint Ventures

Posted on August 17, 2009
Posted by D. Daniel Sokol Russell Cooper, University of Texas at Austin - Department of Economics and Thomas W. Ross, University of British Columbia describe Sustaining Cooperation with Joint Ventures. ABSTRACT: Antitrust agencies and courts have expressed concerns that joint...

Coloquio ForoCompetencia

Posted on August 15, 2009
Posted by D. Daniel Sokol 4to. COLOQUIO FOROCOMPETENCIA Pilar, Buenos Aires - 16 de octubre de 2009 Programa 8:30 - 9:00 - Acreditación y desayuno. 9:00 - 9:10 - Palabras de bienvenida: Miguel del Pino, Miembro del Comité Organizador del...

Professor Ernst-Joachim Mestmäcker receives the Hayek Medal

Posted on August 15, 2009
Posted by D. Daniel Sokol From the press release: Prof. Ernst-Joachim Mestmäcker, Emeritus Director at the Max Planck Institute for Comparative and International Private Law, has been awarded the Friedrich August von Hayek Medal of the Hayek-Gesellschaft...

Antitrust Practitioner Survey

Posted on August 14, 2009
Posted by D. Daniel Sokol Last summer I created an online antitrust practitioner survey to gauge the current state of antitrust in a number of different substantive areas. The results that came back with 234 responses were interesting. Now that...

Quality of Care and Market Failure Defenses in Antitrust Health Care Litigation

Posted on August 14, 2009
Posted by D. Daniel Sokol Tim Greaney, Saint Louis University School of Law, explores Quality of Care and Market Failure Defenses in Antitrust Health Care Litigation. ABSTRACT: This article considers quality-based justifications for antitrust challenges to collaboration among health care...

Linked-In: Antitrust and the Virtues of a Virtual Network

Posted on August 14, 2009
Posted by D. Daniel Sokol Eleanor Fox (NYU Law) describes Linked-In: Antitrust and the Virtues of a Virtual Network. ABSTRACT: The International Competition Network is one of the several new transnational networks of specialized government officials. Unlike some others, this...

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