Corporate & Securities Law

Competition Challenges in the Pharmaceutical Sector: The Nordic Countries' Experience

Posted on October 16, 2008
Posted by D. Daniel Sokol In a joint report, the competition authorities of Sweden, Denmark, Finland, Iceland and Norway assembled data on how reforms in the pharmaceutical market had worked in their countries in recent years. In many cases, these...

Fixing Innovation Policy: A Structural Perspective

Posted on October 16, 2008
Posted by D. Daniel Sokol Stuart Minor Benjamin, Duke University School of Law and Arti K. Rai, Duke University School of Law have some prescriptions for Fixing Innovation Policy: A Structural Perspective. ABSTRACT: Innovation is central to economic growth and...

Vertical Restraints and the Law: Evidence from Automobile Franchising

Posted on October 15, 2008
Posted by D. Daniel Sokol Giorgio Zanarone, Colegio Universitario de Estudios Financieros has a piece in the Journal of Law and Economics on Vertical Restraints and the Law: Evidence from Automobile Franchising. ABSTRACT: This paper shows that, after a 2002...

Patent Holdup, Patent Remedies, and Antitrust Responses

Posted on October 15, 2008
Posted by D. Daniel Sokol Tom Cotter of the University of Minnesota Law School takes on Patent Holdup, Patent Remedies, and Antitrust Responses in his latest article. ABSTRACT: Commentators on antitrust and patent law over the past decade have advanced...

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FTC at 100: Into Our Second Century - NY Edition

Posted on October 15, 2008
Posted by D. Daniel Sokol The FTC has announced the panelists that will appear for the FTC at 100 Roundtable in New York at Fordham Law School.

Competition Policy and Sector-Specific Regulation for Network Industries

Posted on October 15, 2008
Posted by D. Daniel Sokol Martin Hellwig (Max Planck Institute for Research on Collective Goods) provides some insights into Competition Policy and Sector-Specific Regulation for Network Industries. ABSTRACT: The paper discusses the respective roles of competition policy and sector-specific regulation...

Revisiting Injunctive Relief: Interpreting eBay in High-Tech Industries with Non-Practicing Patent Holders

Posted on October 14, 2008
Posted by D. Daniel Sokol Vincenzo Denicolò (University of Bologna - Department of Economics), Damien Geradin (Tilberg University Law and Economics Center), Anne Layne-Farrar (LECG), and A. Jorge Padilla (LECG) take on competition issues in the patent context in Revisiting...

Daubert, Science, and Modern Game Theory: Implications for Merger Analysis

Posted on October 14, 2008
Posted by D. Daniel Sokol Malcolm B. Coate and Jeffrey H. Fischer both of the FTC's Bureau of Economics have an interesting paper in Daubert, Science, and Modern Game Theory: Implications for Merger Analysis. ABSTRACT: To be admissible in federal...

Deterrence in Competition Policy

Posted on October 14, 2008
Posted by D. Daniel Sokol The 16th WZB Conference on Markets and Politics and the 2nd Conference of the Research Network on Innovation and Competition Policy (RNIC) Deterrence in Competition Policy Draft Program Friday, October 17, 2008 13:00 ? 14:00...

State Illinois Brick Repealer Legislation: Major Options and a Proposed Model Statute

Posted on October 14, 2008
Posted by D. Daniel Sokol Robert H. Lande of the University of Baltimore Law School has a new piece on State Illinois Brick Repealer Legislation: Major Options and a Proposed Model Statute. ABSTRACT: Illinois Brick held that only direct purchasers...

The Commission adopts Communication on the application of State aid rules to measures taken in relation to financial institutions in the context of the current global financial crisis

Posted on October 13, 2008
Posted by D. Daniel Sokol DG Competition has release a on its website The application of State aid rules to measures taken in relation to financial institutions in the context of the current global financial crisis. Two of the introductory...

Optimal Sequential Investigation Rules in Competition Law

Posted on October 13, 2008
Posted by D. Daniel Sokol Wolfgang Kerber, Philipps University Marburg - Department of Business Administration and Economics, Jürgen-Peter Kretschmer, Philipps University Marburg, and Georg von Wangenheim, University of Kassel discuss Optimal Sequential Investigation Rules in Competition Law...

The Pros and Cons of Vertical Restraints

Posted on October 13, 2008
Posted by D. Daniel Sokol The Swedish Competition Authority will host a seminar on The Pros and Cons of Vertical Restraints. Programme, Friday 7 November 8.30 Registration and coffee 9.00 Introduction by the Director General of the Swedish Competition Authority...

FTC at 100: A Boston Perspective

Posted on October 13, 2008
Posted by D. Daniel Sokol Another city, another all-star lineup. This time the FTC at 100 tour stops in Boston, the home of the Red Sox, Cheers, Paul Revere, and roughly 60 colleges. I suspect that a number of the...

"Corrupt" State Aid Accusations Against the European Commission

Posted on October 12, 2008
Posted by D. Daniel Sokol Super-discount carrier Ryanair accused "the European Commission of 'corrupt' application of EU state aid rules by continuously turning a blind eye to illegal subsidies", BNA reports. I have lots of sympathy for Ryanair on principal,...

The European Antitrust Review 2009

Posted on October 11, 2008
Posted by D. Daniel Sokol The Global Competition Review has released The European Antitrust Review 2009. Contributors include: Introduction Philip Lowe Directorate General for Competition, European Commission EU substantive areas Cartels Julian Joshua, Kristian Hugmark and Ief Daems Howrey LLP...

FTC Workshop on Hart-Scott-Rodino Premerger Notification Program

Posted on October 10, 2008
Posted by D. Daniel Sokol The FTC will host a very worthwhile half day program on the Hart-Scott-Rodino Premerger Notification Program called "Back to the Basics." When: October 23, 2008, 9:00am - 1:00pmWhere: FTC Conference Center 601 New Jersey Avenue,...

Whole Foods Saga Continues Before DC Circuit

Posted on October 10, 2008
Posted by D. Daniel Sokol Below are links to Whole Foods team motion and reply brief filed in the D.C. Circuit this week related to their petition for rehearing en banc. Download 20081006_wfm_motion_for_leave_to_file_reply.pdf Download 20081006_wfm_reply_on_p...

Slotting Allowances and Manufacturers' Retail Sales Effort

Posted on October 10, 2008
Posted by D. Daniel Sokol Oystein Foros, Norwegian School of Economics and Business Administration, Hans Jarle Kind, Norwegian School of Economics & Business Administration, and Jan Yngve Sand, University I Tromso have a new paper on Slotting Allowances and Manufacturers'...

A Flexible Approach to RAND Licensing

Posted on October 10, 2008
Posted by D. Daniel Sokol Mikko Valimaki, Helsinki University of Technology, University of Eastern Piedmont - A. Avogadro, Swedish School of Economics and Business Administration describes A Flexible Approach to RAND Licensing. ABSTRACT: This article discusses the meaning of reasonable...

Cartel Enforcement in Australia

Posted on October 09, 2008
Posted by D. Daniel Sokol Bob Baxt (Freehills) & Gillian McKenzie (Freehills) give us an update of Cartel Enforcement in Australia. ABSTRACT: Historically cartel behavior in Australia has been subject to a civil penalty regime under the Trade Practices Act...

Yom Kippur and Antitrust

Posted on October 08, 2008
Posted by D. Daniel Sokol Sundown tonight begins Yom Kippur, the holiest day of the year in the Jewish religion. I will not be blogging till tomorrow night as I spend this solemn 24 hour period fasting and atoning for...

25th PURC/World Bank International Training Program on Utility Regulation and Strategy

Posted on October 08, 2008
Posted by D. Daniel Sokol January 12 - 23, 2009 Gainesville, Florida, USA Utility regulators, policy-makers and infrastructure managers around the world will travel to Gainesville, Florida to participate in the University of Florida PURC/World Bank International Training Program on...

The End or the Means? The Pursuit of Competition in Regulated Telecommunications Markets

Posted on October 08, 2008
Posted by D. Daniel Sokol Bronwyn E. Howell, NZ Institute for the Study of Competition and Regulation Inc. and Victoria Management School, Victoria University of Wellington asks, The End or the Means? The Pursuit of Competition in Regulated Telecommunications Markets...

Are ?Online Markets? Real and Relevant? From Monster/Hotjobs to Google/DoubleClick

Posted on October 08, 2008
Posted by D. Daniel Sokol Bruce Abramson, President, Informationism, Inc.; Senior Consultant, CRA International has a new piece titled Are ?Online Markets? Real and Relevant? From Monster/Hotjobs to Google/DoubleClick. ABSTRACT: This article examines two Internet merger investigations from 2001 and...

European Commission Opinions to National Courts in Antitrust Cases: Consistent Application and the Judicial-Administrative Relationship

Posted on October 08, 2008
Posted by D. Daniel Sokol Kathryn Wright, ESRC Centre for Competition Policy, University of East Anglia provides some analysis on European Commission Opinions to National Courts in Antitrust Cases: Consistent Application and the Judicial-Administrative Relationship...

Some Changes on the Blog

Posted on October 08, 2008
Posted by D. Daniel Sokol You may have noticed some changes on the blog. Shubha has moved from his position as blog co-editor to a contributing editor. This means that Shubha is slowing down his participation a bit. I will...

Competition policy, growth and consumer purchasing power

Posted on October 08, 2008
Posted by D. Daniel Sokol Our enforcer friends in the EU at DG Competition will be hosting a conference on Competition policy, growth and consumer purchasing power. The date of the conference is October 13 in Brussels.

FTC Section 5 Public Workshop

Posted on October 07, 2008
Posted by D. Daniel Sokol The FTC will host a workshop on Section 5 of the FTC Act on October 17, 2008 to figure out the scope for "unfair competition. According to the FTC press release: Four workshop panels will...

Regulatory Structure under EC Competition Laws: Lessons for India

Posted on October 07, 2008
Posted by D. Daniel Sokol Tarun Jain (Advocate, Supreme Court of India) writes on Regulatory Structure under EC Competition Laws: Lessons for India. ABSTRACT: The aim of this paper is to examine the regulatory structure in vogue under the EC...

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