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Corporate & Securities Law

AntitrustProf Blog

Antitrust law resources, information, and news for the academic community.

Post Frequency: 46/day

Last Entry: April 01, 2011 at 12:45:00

Standards and Market Power

Posted on June 09, 2008
Posted by D. Daniel Sokol Cecilio Madero Villarejo & Nicholas Banasevic (European Commission, DG Competition) write on Standards and Market Power. ABSTRACT: Standards play an increasingly significant role in the modern economy, in particular in the high-tech sector...

Canada's Competition Bureau Publishes Information Bulletin on Abuse of Dominance Provisions as Applied to the Telecommunications Industry

Posted on June 08, 2008
Posted by D. Daniel Sokol A press release by the Canadian Competition Bureau states that the Bureau has published an Information Bulletin on Abuse of Dominance Provisions as applied to the Telecommunications Industry. According to the press release: This Bulletin...

Competition Policy and Merger Analysis in Deregulated and Newly Competitive Industries

Posted on June 07, 2008
Posted by D. Daniel Sokol Susan Beth Farmer of Penn State - Dickinson School of Law has a new piece on Competition Policy and Merger Analysis in Deregulated and Newly Competitive Industries. ABSTRACT: The past several decades have witnessed a...

Intel is in Big Trouble

Posted on June 06, 2008
Posted by D. Daniel Sokol As if Intel didn't have enough to worry about in the EU, Korea (where Intel was fined this week by the KFTC for an anti-competitive rebate scheme) and Japan with various monopolization cases, it now...

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ABA Section 2 Remedies Conference

Posted on June 06, 2008
Posted by D. Daniel Sokol I am on my way home from the excellent ABA Section 2 Remedies conference that UVA Law School and Chris Sprigman hosted. More on the conference later but let me suggest that the format and...

Standard-Setting Policies and the Rule of Reason: When Does the Shield Become a Sword?

Posted on June 05, 2008
Posted by D. Daniel Sokol Jennifer Driscoll (Mayer Brown) asks about Standard-Setting Policies and the Rule of Reason: When Does the Shield Become a Sword? ABSTRACT: The rewards and pitfalls of standard setting conjure images of the legend of Damocles...

How the 2007 Amendment to the M&A Guideline Has Changed Merger Control Policy in Japan

Posted on June 05, 2008
Posted by D. Daniel Sokol Akira Inoue of Baker & McKenzie describes How the 2007 Amendment to the M&A Guideline Has Changed Merger Control Policy in Japan. On March 27, 2007, the Japan Fair Trade Commission released its amended Guideline...

Is the EU Insurance Block Exemption Regulation Still Relevant?

Posted on June 05, 2008
Posted by D. Daniel Sokol Peter Crowther (Dewey LeBeouf) asks, Is the EU Insurance Block Exemption Regulation Still Relevant? ABSTRACT: On April 17, 2008, the European Commission launched a public consultation on the Insurance Block Exemption Regulation (Regulation 358/2003)...

Observations on the Commission?s Evanston Remedy: When Is Divestiture, or Any Remedy, Not Appropriate for a Consummated Anticompetitive Merger?

Posted on June 05, 2008
Posted by D. Daniel Sokol Mark Botti (Akin Gump) provides his thoughts on Observations on the Commission?s Evanston Remedy: When Is Divestiture, or Any Remedy, Not Appropriate for a Consummated Anticompetitive Merger? ABSTRACT: On April 28, 2008, the U...

Comments on the CFI's Recent Ruling in Deutsche Telekom v. European Commission

Posted on June 04, 2008
Posted by D. Daniel Sokol Bernard Amory & Alexandre Verheyden (Jones Day) provide some Comments on the CFI's Recent Ruling in Deutsche Telekom v. European Commission. ABSTRACT: This brief paper discusses the implications on the test for price squeeze arising...

Elves or Trolls? The Role of Non-Practicing Patent Owners in the Innovation Economy

Posted on June 04, 2008
Posted by D. Daniel Sokol Damien Geradin, Howrey LLP, Tilburg University - Tilburg Law and Economics Center (TILEC), Anne Layne-Farrar, LECG and A. Jorge Padilla, LECG, have a new and interesting paper Elves or Trolls? The Role of Non-Practicing Patent...

Competition vs. Regulation in Mobile Telecommunications

Posted on June 04, 2008
Posted by D. Daniel Sokol Johan Stennek, Research Institute of Industrial Economics (IFN), Centre for Economic Policy Research (CEPR) and Thomas Tangeraas, Research Institute of Industrial Economics (IFN) compare Competition vs. Regulation in Mobile Telecommunications...

Retail Competition and the Dynamics of Consumer Demand for Tied Goods

Posted on June 03, 2008
Posted by D. Daniel Sokol Wesley R. Hartmann, Stanford University - Graduate School of Business and Harikesh Nair, Stanford University - Graduate School of Business bring us Retail Competition and the Dynamics of Consumer Demand for Tied Goods. ABSTRACT: We...

Compulsory Access to Intellectual Property and Network Facilities

Posted on June 03, 2008
Posted by D. Daniel Sokol Estelle Derclaye, University of Nottingham - School of Law, has posted a paper on Compulsory Access to Intellectual Property and Network Facilities. ABSTRACT: One of the questions that this Congress addresses concerns an important relationship...

Market Definition and Unilateral Competitive Effects in Online Retail Markets

Posted on June 03, 2008
Posted by D. Daniel Sokol Michael R. Baye of the Kelly School of Business at Indiana University (currently head of BE at the FTC) has a great piece on Market Definition and Unilateral Competitive Effects in Online Retail Markets in...

Early Commitments Help Patent Pool Formation

Posted on June 03, 2008
Posted by D. Daniel Sokol Fran�ois L�v�que (professor of law and economics at the Ecole des mines de Paris) and Yann M�ni�re (research fellow at Cerna, Ecole Nationale des mines de Paris) address IP-Antitrust issues in their paper Early Commitments...

Lithuania's Competition Council Marks the 15th Anniversary

Posted on June 02, 2008
Posted by D. Daniel Sokol Happy 15th birthday to Lithuania's Competition Council. The press release is here. Enforcement records 1993-2007 Investigated breaches of the Law on Competition Total number of decisions -454, of which: 96 - on abuse of dominant...

A 'Revolutionary Decision': Court of Cassation Judgment 9878/08 and the Notary's Opposing Interest in Not Working in a Competitive System

Posted on June 02, 2008
Posted by D. Daniel Sokol Andrea Bortoluzzi, Universita' dell'Insubria has written a new paper on A 'Revolutionary Decision': Court of Cassation Judgment 9878/08 and the Notary's Opposing Interest in Not Working in a Competitive System. ABSTRACT: A decision of the...

Economic Foundations of Competition Laws: The Benefits of Monopoly vs. the Benefits of Competition

Posted on June 02, 2008
Posted D. Daniel Sokol A paper by Alfonso Londo�o and Juan Gutierrez of Pontificia Universidad Javeriana's Law School provide an analysis of the Economic Foundations of Competition Laws: The Benefits of Monopoly vs. the Benefits of Competition. ABSTRACT: Antitrust Law...

Acquisitions that Create Efficiencies: Merger Analysis and the Treatment of Reductions in Fixed Costs

Posted on June 02, 2008
Posted by D. Daniel Sokol Robert N. Rubinovitz of NERA discusses Acquisitions that Create Efficiencies: Merger Analysis and the Treatment of Reductions in Fixed Costs in a short and informative piece. ABSTRACT: This piece examines the ways in which reductions...

An Assessment of Carbon Capture and Storage Under EC Competition Law

Posted on June 01, 2008
Posted by D. Daniel Sokol Hans Vedder of provides a rare synthesis of environmental and competition laws in his paper An Assessment of Carbon Capture and Storage Under EC Competition Law. ABSTRACT: This paper examines the impact of carbon capture...

An Explanation of Market Dominances

Posted on May 31, 2008
Posted by D. Daniel Sokol Massimiliano Vatiero Law and Economics, University of Siena (PhD Student) offers An Explanation of Market Dominances. ABSTRACT: This paper tries to formulate an original description of notion of abusive dominant position. A dominant position is...

Technology Standards, Patents and Antitrust

Posted on May 30, 2008
Posted by D. Daniel Sokol Francois Leveque (Ecole des Mines de Paris - Centre d'�conomie Industrielle (CERNA)) and Yann M�ni�re (Ecole des Mines ParisTech; Catholic University of Louvain) have a nice piece on Technology Standards, Patents and Antitrust...

The Role of Competition Policy in the Promotion of Economic Growth

Posted on May 30, 2008
Posted by D. Daniel Sokol Lawrence J. White (Leonard N. Stern School of Business - Department of Economics) offers thoughts on The Role of Competition Policy in the Promotion of Economic Growth. ABSTRACT: This essay discusses the role that competition...

Leniency Promotion Movie

Posted on May 30, 2008
Posted by D. Daniel Sokol The Dutch Competition Authority has produced a film to promote leniency in the fight against cartels.

Electricity Restructuring in China: The Elusive Quest for Competition

Posted on May 30, 2008
Posted by D. Daniel Sokol Russell Pittman (DOJ) and Vanessa Yanhua Zhang (LECG) post on Electricity Restructuring in China: The Elusive Quest for Competition. ABSTRACT: The continuation of China's remarkable economic growth will depend on continued increases in electricity supply...

The Flawed Institutional Design of U.S. Merger Review: Stacking the Deck Against Enforcement

Posted on May 29, 2008
Posted by D. Daniel Sokol Lawrence Frankel of DOJ Antitrust has an interesting piece on The Flawed Institutional Design of U.S. Merger Review: Stacking the Deck Against Enforcement. ABSTRACT: The institutional design of federal merger review in the United States...

The Use of Settlements in Public Antitrust Enforcement: Objectives and Principles

Posted on May 29, 2008
Posted by D. Daniel Sokol Wouter Wils of the European Commission discusses The Use of Settlements in Public Antitrust Enforcement: Objectives and Principles in his latest article. ABSTRACT: This paper discusses two general questions concerning the use of settlements in...

Determinants of a Digital Divide in Sub-Saharan Africa: A Spatial Econometric Analysis of Cell Phone Coverage

Posted on May 29, 2008
Posted by D. Daniel Sokol It turns out that competition policy plays an important role in the telecom sector in sub-Saharan Africa. In a new study titled Determinants of a Digital Divide in Sub-Saharan Africa: A Spatial Econometric Analysis of...

Antitrust, Innovation, and Uncertain Property Rights: Some Practical Considerations

Posted on May 29, 2008
Posted by D. Daniel Sokol Dean Williamson of DOJ Antitrust offers some thoughts on Antitrust, Innovation, and Uncertain Property Rights: Some Practical Considerations. ABSTRACT: The intersection of antitrust and intellectual property circumscribes two century-long debates...

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