Corporate & Securities Law

European Commission Adopts Final Report Inquiry into the Pharmaceutical Sector

Posted on July 08, 2009
Posted by D. Daniel Sokol Information is available here. From the press release: Main findings and policy conclusions The inquiry has contributed significantly to the debate on European policy for pharmaceuticals, in particular for generic medicines. On the basis of...

Google Plans a PC Operating System

Posted on July 08, 2009
Posted by D. Daniel Sokol Remember when lots of academics, practitioners and DOJ thought that Microsoft was going to crush everyone in innovative industries? That seemed to be the dominant position in the academic and legal communities ten, five, three...

Competition Thinking Still in Silos

Posted on July 08, 2009
Posted by D. Daniel Sokol Yesterday I presented at the US Chamber of Commerce on the SOE challenge. One issue that I raised is that there is too much thinking within existing organizational silos among US government agencies (DOJ. FTC,...

Does Competition from Ambulatory Surgical Centers Affect Hospital Surgical Output and Hospital Profit?

Posted on July 07, 2009
Posted by D. Daniel Sokol Michael Robert Plotzke (ABT Associates) and Charles Courtemanche (UNC - Greensboro, Business and Economics) ask Does Competition from Ambulatory Surgical Centers Affect Hospital Surgical Output and Hospital Profit? ABSTRACT: Hospital administrators have expressed concern that...

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Antitrust and Sports Equipment Standards: Winners and Whiners

Posted on July 07, 2009
Posted by D. Daniel Sokol John Lopatka (Penn State Law) explains Antitrust and Sports Equipment Standards: Winners and Whiners. ABSTRACT: Sports governing bodies routinely adopt equipment standards because equipment can have a dramatic impact on performance...

Privatization, Unbundling, and Liberalization of Network Industries: a discussion of the dominant policy paradigm in the EU

Posted on July 07, 2009
Posted by D. Daniel Sokol Lidia Ceriani, Università Bocconi - Department of Institutional Management, Raffaele Doronzo, Università degli Studi di Milan, Department of Economics, and Massimo Florio, Università degli Studi di Milano, Department of Economics explore Privatization, Unbundling, and Liberalization...

The Evolution of the Chinese Merger Guidelines: A Work in Progress Integrating Global Consensus and Domestic Imperatives

Posted on July 07, 2009
Posted by D. Daniel Sokol Beth Farmer (Penn State - Law) explains The Evolution of the Chinese Merger Guidelines: A Work in Progress Integrating Global Consensus and Domestic Imperatives. ABSTRACT:China is among the most recent entrants into global competition enforcement,...

Materials from CC/OFT Seminar on consultation draft of joint merger assessment guidelines now available

Posted on July 06, 2009
Posted by D. Daniel Sokol From the CC website: The OFT and CC organized a seminar to present and discuss the consultation draft of the joint merger assessment guidelines at the CC offices on 1 June 2009. Some 60 people...

Did the European Union's Market Dominance Policy Have a Gap? Evidence from Enforcement in the United States

Posted on July 06, 2009
Posted by D. Daniel Sokol Malcolm B. Coate, U.S. Federal Trade Commission (FTC) asks Did the European Union's Market Dominance Policy Have a Gap? Evidence from Enforcement in the United States. ABSTRACT: The European Union (EU) and the United States....

An Examination of the Market Structure of the U.S. Produce Industry

Posted on July 06, 2009
Posted by D. Daniel Sokol James E. Epperson (Georgia - Agricultural and Applied Economics) offers An Examination of the Market Structure of the U.S. Produce Industry. ABSTRACT: Recent literature, largely from the U.S. Department of Agriculture, Economic Research Service, indicates...

More from Professor Christopher Sagers on Judge Sotomayor and American Needle

Posted on July 06, 2009
posted by Shubha Ghosh [Note: Professor Sagers, a rising star in the field of antitrust and competition policy who teaches at Cleveland-Marshall Law School,posts some additional thoughts on American Needle and Judge Sotomayor's take on the issues raised in the...

Firm Entry, Product Repositioning and Welfare

Posted on July 06, 2009
Posted by D. Daniel Sokol Eleftherios Zacharias (Athens University of Economics and Business), examines Firm Entry, Product Repositioning and Welfare. ABSTRACT: We show that the entry of a second firm in a horizontally differentiated market (ala Hotelling) may harm consumers...

GCR Review of the Vertical Restraints Regime

Posted on July 04, 2009
Posted by D. Daniel Sokol GCR Review of the Vertical Restraints Regime Thursday 17 September Radisson Blu Hotel, Brussels Chairmen and speakers include: Andrzej Kmiecik Partner, Van Bael & Bellis Fiona Carlin Partner, Baker & McKenzie LLP Luc Peeperkorn Senior...

TOP 10 Papers for Antitrust & Regulated Industries Journals

Posted on July 04, 2009
Posted by D. Daniel Sokol TOP 10 Papers for Antitrust & Regulated Industries Journals May 5, 2009 to July 4, 2009 Rank Downloads Paper Title 1 123 The Overcharge as a Measure for Antitrust Damages Martijn A. Han, Maarten Pieter...

Google Under Inquiry by DOJ

Posted on July 03, 2009
Posted by D. Daniel Sokol Today's NY Times reports that the DOJ was reviewing the Google book settlement. The Wall Street Journal has a similar article.

Finance, Competition and Governance: Priorities for Reform and Strategies to Phase-Out Emergency Measures

Posted on July 03, 2009
Posted by D. Daniel Sokol The OECD has published Finance, Competition and Governance: Priorities for Reform and Strategies to Phase-Out Emergency Measures. ABSTRACT: This report describes issues that must be addressed to restore public confidence in financial markets and to...

Integration and Competition between Transport and Logistics Businesses

Posted on July 03, 2009
Posted by D. Daniel Sokol The OECD has released Integration and Competition between Transport and Logistics Businesses. ABSTRACT: The Round Table, chaired by Russell Pittman of the US Department of Justice, reviewed trends in horizontal and vertical integration in logistics...

Measuring Market Power in the French Comté Cheese Market

Posted on July 03, 2009
Posted by D. Daniel Sokol In a delicious analysis, Pierre R. Mérel, University of California, Davis - Department of Agricultural and Resource Economics undertakes Measuring Market Power in the French Comté Cheese Market. ABSTRACT: A new empirical industrial organisation approach...

Criminalising Serious Cartel Conduct: Issues of Law and Policy

Posted on July 02, 2009
Posted by D. Daniel Sokol Caron Beaton-Wells and Brent Fisse (both University of Melbourne Law School) have posted Criminalising Serious Cartel Conduct: Issues of Law and Policy. ABSTRACT: In January 2008 the government released an Exposure Draft Bill and associated...

Global Cartels Redux: The Amino Acid Lysine Antitrust Litigation 1996

Posted on July 02, 2009
Posted by D. Daniel Sokol John Connor of Purdue University Applied and Agricultural Economics tells the always interesting story of Global Cartels Redux: The Amino Acid Lysine Antitrust Litigation 1996. ABSTRACT: This paper tells the story of the global lysine...

A Comment on the Intel Fine

Posted on July 02, 2009
Posted by D. Daniel Sokol Keith Hylton (BU Law) provides A Comment on the Intel Fine. ABSTRACT: On May 13th the European Commission levied a fine of $1.45 billion on Intel for violating its competition law rules by offering volume-based...

Contestability, Technology and Banking

Posted on July 02, 2009
Posted by D. Daniel Sokol Sandrine Corvoisier (European Central Bank) and Reint Eberhard Gropp (European Business School) explain Contestability, Technology and Banking. ABSTRACT: We estimate the effect of internet penetration on retail bank margins in the euro area...

Criminalising Cartels: Australia's Slow Conversion

Posted on July 01, 2009
Posted by D. Daniel Sokol Caron Beaton-Wells (University of Melbourne Law School) has posted Criminalising Cartels: Australia's Slow Conversion. ABSTRACT: Australia is set to become the latest in a growing number of countries to join the United States' "coalition of...

Strategic Leniency and Cartel Enforcement

Posted on July 01, 2009
Posted by D. Daniel Sokol A new article in this month's American Economics Review worth reading is Nathan H. Miller (DOJ), Strategic Leniency and Cartel Enforcement. Ken Heyer, this was a good hire for DOJ - kudos to you and...

Preview Now Online for Lysine Cartel Movie Starring Matt Damon

Posted on July 01, 2009
Posted by D. Daniel Sokol I just watched the preview of The Informant! directed by Steven Soderbergh and starring Matt Damon. The preview looks great. The movie is about ADM informant Mark Whitacre of the famous lysine cartel. Antitrust has...

Mergers of Nonprofit Hospitals: Rectifying a (Serious) Failure of Antitrust Enforcement

Posted on July 01, 2009
Posted by D. Daniel Sokol Clark C. Havighurst, Duke University School of Law Barak D. Richman, Duke University - School of Law write on Mergers of Nonprofit Hospitals: Rectifying a (Serious) Failure of Antitrust Enforcement. ABSTRACT: Although federal judges have...

A Gap in the Enforcement of Article 82

Posted on June 30, 2009
Posted by D. Daniel Sokol Ioannis Kokkoris (OFT, Visiting Lecturer at City University Law School and a Visiting Fellow at Durham University) has come out with a new book, A Gap in the Enforcement of Article 82. BOOK ABSTRACT: The...

Fordham 36th Annual Conference on International Antitrust Law and Policy

Posted on June 30, 2009
Posted by D. Daniel Sokol The Fordham 36th Annual Conference on International Antitrust Law and Policy is now open for registration. Dates for the 36th Annual Conference on International Antitrust Law and Policy: Thursday & Friday, September 24 & 25,...

Energy Efficiency: Efficiency or Monopsony?

Posted on June 30, 2009
Posted by D. Daniel Sokol Tim Brennan of the University of Maryland-Baltimore Department of Economics has written Energy Efficiency: Efficiency or Monopsony? ABSTRACT: The cliche in the electricity sector, the "cheapest power plant is the one we don't build," seems...

Is a Cartel Just an Ordinary Prisoner's Dilemma?

Posted on June 30, 2009
Posted by D. Daniel Sokol Christoph Engel, Max Planck Institute for Research on Collective Goods has a new paper on Is a Cartel Just an Ordinary Prisoner's Dilemma? ABSTRACT: Ever since the heyday of the Chicago School, antitrust intervention has...

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