Corporate & Securities Law

Chambers Asia 2009 Rankings: Best Antitrust Lawyers in China

Posted on November 24, 2008
Posted by D. Daniel Sokol Chambers new ranking for Asia based lawyers has not one but two categories for best antitrust/competition lawyers in China-- a remarkable list given that the AML has been in place for less than a year....

A SSNIP Test for Two-Sided Markets: The Case of Media

Posted on November 23, 2008
Posted by D. Daniel Sokol Lapo Filistrucchi, Department of Economics, Tilburg University offers his thoughts on A SSNIP Test for Two-Sided Markets: The Case of Media. ABSTRACT: I discuss the design and implementation of a SSNIP test in order to...

Chambers Latin America 2009 Rankings: Argentina Antitrust

Posted on November 22, 2008
Posted by D. Daniel Sokol The Chambers Latin America 2009 rankings are out. Below are the best law firms for Argentina. Band 1 ? Marval, O'Farrell & Mairal ? M & M Bomchil Band 2 ? Allende & Brea ?...

Rehearing Denied in Whole Foods

Posted on November 21, 2008
Posted by D. Daniel Sokol You can find the order here. Download reh_order.pdf

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Does the Absence of Competition in the Market Foster Competition for the Market ? A Dynamic Approach to Aftermarkets

Posted on November 21, 2008
Posted by D. Daniel Sokol Didier Laussel (Université de la Méditerranée - Economics) and Joana Resende (Université Catholique de Louvain - Economics) have written Does the Absence of Competition in the Market Foster Competition for the Market ? A Dynamic...

The National Cooperative Research and Production Act

Posted on November 21, 2008
Posted by D. Daniel Sokol John Scott of Dartmouth (Department of Economics) writes on The National Cooperative Research and Production Act. ABSTRACT: The National Cooperative Research and Production Act reduces the potential antitrust liabilities for various types of joint ventures...

Patents of Damocles

Posted on November 21, 2008
Posted by D. Daniel Sokol Christopher Leslie of Chicago Kent College of Law continues his IP-Antitrust interface work with Patents of Damocles. ABSTRACT: Patentees sometimes use fraudulently procured patents to secure illegal monopolies, excluding efficient competitors and raising prices to...

Innovation, Integration and Product Proliferation - Empirical Evidence for the Agri-Food Industry

Posted on November 20, 2008
Posted by D. Daniel Sokol Kostas Karantininis (Department of Economics and Natural Resources. The Royal Veterinary and Agricultural University (KVL)-Denmark), Johannes Sauer (University of Bonn), and William Hartley Furtan discuss Innovation, Integration and Product Proliferation - Empirical Evidence for the...

European Commission's Pharmaceutical Sector Inquiry

Posted on November 20, 2008
Posted by D. Daniel Sokol The University of Liege Institute for European Legal Studies and the Facultés Universitaires Saint-Louis Centre Innovation Propriété Intellectuelle are hosting a conference on the European Commission's Pharmaceutical Sector Inquiry on January 14, 2009 in Brussels...

Are Prices Really Affected By Mergers?

Posted on November 20, 2008
Posted by D. Daniel Sokol Xavier Boutin (CREST-INSEE) and Lionel Janin (DGTPE and CREST-LEI) ask Are Prices Really Affected By Mergers? ABSTRACT: During the 80s, several empirical studies have shown a positive correlation between concentration, prices and profits...

Consumer Welfare and Market Structure in a Model of Competition between Open Source and Proprietary Software

Posted on November 20, 2008
Posted by D. Daniel Sokol Alexia Gaudeul (University of Norwich Economics) has a new paper on Consumer Welfare and Market Structure in a Model of Competition between Open Source and Proprietary Software. ABSTRACT: I consider a Vickrey-Salop model of spatial...

Merger Policy to Promote 'Global Players'? A Simple Model

Posted on November 19, 2008
Posted by D. Daniel Sokol Andreas Haufler, University of Munich - Seminar for Economic Policy and Søren Bo Nielsen, Copenhagen Business School have a new paper on Merger Policy to Promote 'Global Players'? A Simple Model. ABSTRACT: We use a...

FTC Announces Agenda for Roundtable on Follow-on Biologic Drugs

Posted on November 19, 2008
Posted by D. Daniel Sokol FTC ROUNDTABLE ON FOLLOW-ON BIOLOGIC DRUGS: FRAMEWORK FOR COMPETITION AND CONTINUED INNOVATION Tentative Agenda November 21, 2008 Federal Trade Commission 600 Pennsylvania Avenue, N.W., Room HQ 432 Washington, D.C. 20580 8:30 - 8:45 Welcoming Remarks:...

The Wisdom of Using the "Unfair Method of Competition" Prong of Section 5

Posted on November 19, 2008
Posted by D. Daniel Sokol Doug Melamed of Wilmer Hale asks about The Wisdom of Using the "Unfair Method of Competition" Prong of Section 5. ABSTRACT: The basic question I am addressing concerns the wisdom of using the "unfair method...

Merger Control in Brazil: Maturity

Posted on November 19, 2008
Posted by D. Daniel Sokol Mauro Grinberg and Natália Felix of Barcellos Tucunduva Advogados walk through the merger process in Brazil in Merger Control in Brazil: Maturity. Download brazil_merger_control_20082009.pdf

Rethinking the Tunney Act: A Model for Judicial Review of Antitrust Consent Decrees

Posted on November 18, 2008
Posted by D. Daniel Sokol Lawrence Frankel of DOJ Antitrust has an interesting piece on Rethinking the Tunney Act: A Model for Judicial Review of Antitrust Consent Decrees. ABSTRACT:For more than thirty years, the Tunney Act - which governs the...

The Case for Antitrust Civil Penalties

Posted on November 18, 2008
Posted by D. Daniel Sokol Harry First of NYU Law School makes The Case for Antitrust Civil Penalties. ABSTRACT: Federal antitrust law currently lacks one potentially useful remedy - civil penalties. Civil penalties are not novel, of course. They are....

Under Threat: Competition in the Automotive Service Aftermarket

Posted on November 18, 2008
Posted by D. Daniel Sokol Norman Hawker of Haworth College of Business, Western Michigan University writes on Under Threat: Competition in the Automotive Service Aftermarket. ABSTRACT: This paper examines the access of independent service providers to the information, parts, and...

European Competition Soft Law in European Courts: A Matter of Hard Principles?

Posted on November 18, 2008
Posted by D. Daniel Sokol Oana Andreea Stefan provides thoughts on European Competition Soft Law in European Courts: A Matter of Hard Principles? ABSTRACT: This article analyses whether and how competition soft law instruments are taken into consideration by the...

Voice, Video and Broadband: The Changing Competitive Landscape and Its Impact on Consumers

Posted on November 17, 2008
Posted by D. Daniel Sokol The Department of Justice has released a report, Voice, Video and Broadband: The Changing Competitive Landscape and Its Impact on Consumers, based on the November 2007 Telecom Symposium that the Division hosted. As the executive...

FTC Report on Ethanol Market Concentration

Posted on November 17, 2008
Posted by D. Daniel Sokol The FTC has released its 2008 Report on Ethanol Market Concentration. From the FTC press release: The Commission has issued the report, ?2008 Report on Ethanol Market Concentration.? This is the Commission?s fourth annual report...

Reviving Competition in Healthcare Markets: The Use of Section 5 of the FTC Act

Posted on November 17, 2008
Posted by D. Daniel Sokol We have a copy of the Section 5 of the FTC Act testimony of David Balto, Senior Fellow, Center for American Progress. ABSTRACT: The Congress that enacted the FTC Act created Section 5 to enable...

Collusion through Price Ceilings? In Search of a Focal-Point Effect

Posted on November 17, 2008
Posted by D. Daniel Sokol Dirk Engelmann, University of London - Royal Holloway - Department of Economics and Wieland Müller, Tilburg University - Department of Economics Collusion through Price Ceilings? In Search of a Focal-Point Effect. ABSTRACT: With this study...

Tacit versus Overt Collusion Firm Asymmetries and Numbers: What?s the Evidence?

Posted on November 17, 2008
Posted by D. Daniel Sokol Stephen Davies (ESRC Centre for Competition Policy, University of East Anglia) & Matthew Olczak (ESRC Centre for Competition Policy, University of East Anglia) provide a fascinating analysis in a new paper Tacit versus Overt Collusion...

Economic Developments in European Competition Policy

Posted on November 16, 2008
Posted by D. Daniel Sokol Economic Developments in European Competition Policy Wednesday, 3 December 2008 Conrad Hotel, Brussels 8.00?8.45 Registration 8.45?9.00 Introduction and welcome 9.00?9.30 Keynote: A European competition policy for all weather Philip Lowe Director General, DG Competition 9...

Setting the Standard: A Fraud-based Approach to Antitrust Pleading in Standard Development Organization Cases

Posted on November 15, 2008
Posted by D. Daniel Sokol James Esten Abell, an associate at Cleary, published a nice student note while at the University of Chicago in the Law Review on Setting the Standard: A Fraud-based Approach to Antitrust Pleading in Standard Development...

Deb Garza to Head DOJ Antitrust

Posted on November 14, 2008
Posted by D. Daniel Sokol The new head of DOJ Antitrust is Deb Garza, according to a White House press release. Most recently she has been a DAAG and before that a partner at Fried Frank and Covington. She is...

The Past, Present, & Future of Stand-Alone Section 5 Competition Enforcement at the FTC: Is N-Data a New Direction or a Mere Diversion?

Posted on November 14, 2008
Posted by D. Daniel Sokol Kyle Andeer of the FTC asks about The Past, Present, & Future of Stand-Alone Section 5 Competition Enforcement at the FTC: Is N-Data a New Direction or a Mere Diversion? ABSTRACT: Section 5 of the...

COMPASS LEXECON is Looking to Hire Economist and Econometrician Candidates

Posted on November 14, 2008
Posted by D. Daniel Sokol Compass Lexecon, one of the world's leading economic consulting firms, specializes in financial and economic analysis of regulatory, policy and litigation matters. Compass Lexecon has been engaged by Fortune 500 corporations, governments, and other public-sector...

The Relationship between Public Antitrust Enforcement and Private Actions for Damages

Posted on November 14, 2008
Posted by D. Daniel Sokol Wouter PJ Wils of the European Commission Legal Service has a worthwhile new working paper on The Relationship between Public Antitrust Enforcement and Private Actions for Damages. Wouter's paper takes us further in our understanding...

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