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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

Antitrust in Wonderland: Regulating Markets of Innovation

Posted on May 28, 2008
Posted by D. Daniel Sokol Antitrust in Wonderland: Regulating Markets of Innovation is the cute title of Sunny Woan's (Santa Clara University Law School) latest work. ABSTRACT: This article examines the intersection of antitrust and intellectual property law, critiquing the...

Lucky Trip? Perspectives from a Foreign Advisor on Competition Policy, Development and Technical Assistance

Posted on May 28, 2008
Posted by D. Daniel Sokol The godfather of antitrust technical assistance, Chairman William Kovacic of the FTC, has written a must read critique of antitrust technical assistance titled Lucky Trip? Perspectives from a Foreign Advisor on Competition Policy, Development and...

The Ties That Bind: When is Retaliation Effective and Credible for Tacit Collusion?

Posted on May 28, 2008
Posted by D. Daniel Sokol Oxera has a briefing paper on tacit collusion titled When is Retaliation Effective and Credible for Tacit Collusion? ABSTRACT: Retaliation against cheaters is an important condition for tacit collusion or coordination between rival companies to...

The Reasonableness of Resale Price Maintenance

Posted on May 28, 2008
Posted by D. Daniel Sokol Abdullah Hussain (Luthra & Luthra Law Offices) provides a comparative India-US analysis of RPM in his article The Reasonableness of Resale Price Maintenance. ABSTRACT: The treatment of vertical agreements in the United States, relating to...

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Tenth Annual Sedona Conference on Antitrust Law & Litigation

Posted on May 27, 2008
Posted by D. Daniel Sokol The Tenth Annual Sedona Conference on Antitrust Law & Litigation will be held in the beautiful red hills of Firenze to tackle extremely timely & important issues surrounding the Globalisation of Antitrust Enforcement, including (1)...

The Antitrust of Reputation Mechanisms: Institutional Economics and Concerted Refusals to Deal

Posted on May 27, 2008
Posted by D. Daniel Sokol Barak Richman of Duke University Law School weighs in on The Antitrust of Reputation Mechanisms: Institutional Economics and Concerted Refusals to Deal. ABSTRACT: An agreement among competitors to refuse to deal with another party is...

Margin Squeeze After Deutsche Telekom

Posted on May 27, 2008
Posted by D. Daniel Sokol Simon Genevaz (Conseil de la concurrence) provides some thoughts on Margin Squeeze After Deutsche Telekom. ABSTRACT: Margin squeeze practices occur in industries where incumbent companies operate at two levels of trade, both selling an input...

Doctrinal Cross-Dressing in Derivative Aftermarkets: Kodak, Xerox and the Copycat Game

Posted on May 27, 2008
Posted by D. Daniel Sokol Rudolph J.R. Peritz of New York Law School discusses Doctrinal Cross-Dressing in Derivative Aftermarkets: Kodak, Xerox and the Copycat Game in his latest work. ABSTRACT: The short essay develops the concept of strategic parallel conduct...

Favoring Dynamic over Static Competition: Implications for Antitrust Analysis and Policy

Posted on May 26, 2008
Posted by D. Daniel Sokol Favoring Dynamic over Static Competition: Implications for Antitrust Analysis and Policy is the newest working paper by David Teeece (Berkeley Haas School of Business). ABSTRACT: This paper asks how competition policy should be shaped if...

International Competition Policy and the WTO

Posted on May 26, 2008
Posted by D. Daniel Sokol Gary Clyde Hufbauer and and Jisun Kim of the Peterson Institute discuss International Competition Policy and the WTO. ABSTRACT: Despite seven years of negotiating effort, the Doha Round of multilateral trade negotiations, launched in November...

Patent and Antitrust: Differing Shades of Meaning

Posted on May 26, 2008
Posted by D. Daniel Sokol Robin Cooper Feldman of UC Hastings College of Law discusses Patent and Antitrust: Differing Shades of Meaning in her latest article. ABSTRACT: The relationship between patent law and antitrust law has challenged legal minds since...

Removing Property from Intellectual Property and (Intended?) Pernicious Impacts on Innovation and Competition

Posted on May 25, 2008
Posted by D. Daniel Sokol Scott Kieff of Washington University has a fascinating paper on Removing Property from Intellectual Property and (Intended?) Pernicious Impacts on Innovation and Competition. ABSTRACT: Property rule treatment of intellectual property (IP) is said to cause...

Federalism, Substantive Preemption, and Limits on Antitrust

Posted on May 24, 2008
Posted by D. Daniel Sokol Bruce H. Kobayashi and Joshua D. Wright (both of George Mason University Law School) discuss Federalism, Substantive Preemption, and Limits on Antitrust in their latest working paper. ABSTRACT: In Credit Suisse v. Billing, the Court...

A "Plausible" Showing after Bell Atlantic Corp. v. Twombly

Posted on May 22, 2008
Posted by D. Daniel Sokol Charles Campbell of Faulkner University, Jones School of Law discusses A "Plausible" Showing after Bell Atlantic Corp. v. Twombly in a forthcoming article in the Nevada Law Review. ABSTRACT: The United States Supreme Court's decision...

Bell Atlantic v. Twombly: How Motions to Dismiss Become (Disguised) Summary Judgments

Posted on May 22, 2008
Richard Epstein of the University of Chicago Law School gives his take on the meaning of Twombly in Bell Atlantic v. Twombly: How Motions to Dismiss Become (Disguised) Summary Judgments. ABSTRACT: The recent Supreme Court decision in Bell Atlantic v....

Managing the Intersection of Utilities Regulation and EC Competition Law

Posted on May 21, 2008
Posted by D. Daniel Sokol Giorgio Monti of LSE's Law Department provides some thoughts on Managing the Intersection of Utilities Regulation and EC Competition Law. ABSTRACT: Utilities regulation in the Member States is always subject to the application of EC...

The Essential Facilities Doctrine

Posted on May 20, 2008
Posted by D. Daniel Sokol Tom Cotter of the University of Minnesota Law School provides a nice summary of The Essential Facilities Doctrine in a forthcoming book chapter. ABSTRACT: According to some courts and commentators, the essential facilities doctrine sometimes...

The Stochastic Relationship Between Patents and Antitrust

Posted on May 19, 2008
Posted by D. Daniel Sokol Alan Devlin of Latham & Watkins has an interesting article on The Stochastic Relationship Between Patents and Antitrust. ABSTRACT: This article develops a novel theory by which to construe the interaction between the patent and...

Is Antitrust Friendly to Competition? An Endogenous Coalition Formation Approach to Collusive Cartels

Posted on May 19, 2008
Posted by D. Daniel Sokol David Bartolini and Alberto Zazzaro (respectively Universit� Politecnica delle Marche and Universit� Politecnica delle Marche - Faculty of Economics) ask Is Antitrust Friendly to Competition? An Endogenous Coalition Formation Approach to Collusive Cartels...

Efficiency Gains and Structural Remedies in Merger Control.

Posted on May 18, 2008
Posted by D. Daniel Sokol Helder Vasconcelos of University of Bocconi - Innocenzo Gasparini Institute for Economic Research (IGIER) and Department of Economics discusses Efficiency Gains and Structural Remedies in Merger Control. ABSTRACT: This paper studies the role of structural...

Looking Towards Implementation of China's Anti-Monopoly Law

Posted on May 17, 2008
Posted by D. Daniel Sokol William Blumenthal, the FTC's General Counsel has provided a short and yet deeply anaylitcal view of the implications of the Chinese AML. It is worth a read. Download 20080404_aba_intl_sec_ny_re_china_aml.pdf

Review of Antitrust Stories

Posted on May 16, 2008
Posted by D. Daniel Sokol Commissioner William Kovacic of the FTC provides a Review of Antitrust Stories (Eleanor Fox and Dan Crane, editors, Foundation Press 2007). ABSTRACT: In the eye of the historian, published judicial decisions are badly incomplete accounts...

Fourth Annual Conference of the Global Competition Law Centre: Cartels and Enforcement Proceedings: Current Legal Issues

Posted on May 16, 2008
Posted by D. Daniel Sokol The College of Europe's Global Competition Law Centre will hold its 4th Annual conference on June 19-20, 2008 at the Hilton Hotel, Boulevard de Waterloo 38, 1000 Brussels. Details are available here. Speakers include: Jacques...

The Law and Economics of Monopolization Standards

Posted on May 16, 2008
Posted by D. Daniel Sokol Keith Hylton of BU Law School brings us The Law and Economics of Monopolization Standards. ABSTRACT: This chapter provides a survey of the law and literature on monopolization. The focus is American law, but the...

Help Needed From US Academics

Posted on May 15, 2008
Posted by D. Daniel Sokol I am organizing a signature campaign from US academics to Congress for direct appropriations for the DOJ and FTC for technical assistance (see my papers on antitrust technical assistance here and here). There is currently...

Fordham Competition Law Training Institute Programs for Summer 2008

Posted on May 15, 2008
Posted by D. Daniel Sokol In Summer 2008, the Fordham Competition Law Training Institute Training Center will offer the following courses: 1. Course for competition authority economists, June 16 to 20, 2008: Following the successful first course for agency economists...

What's Wrong With Royalties in High Technology Industries?

Posted on May 15, 2008
Posted by D. Daniel Sokol Damien Geradin (College of Europe, Tilburg University, and Howrey) asks What's Wrong With Royalties in High Technology Industries? ABSTRACT: Over the past few years, there has been an unprecedented degree of interest among competition authorities,...

A Practical Guide to the Hypothetical Monopolist Test for Market Definition

Posted on May 14, 2008
Posted by D. Daniel Sokol Malcolm Coate and Jeffrey Fischer, both of the Federal Trade Commission, provide A Practical Guide to the Hypothetical Monopolist Test for Market Definition. ABSTRACT: The hypothetical monopolist test has been used to define antitrust markets...

Competition Policy in Mexico and Its Implications on Economic Development

Posted on May 14, 2008
Posted by D. Daniel Sokol Mexico's CFC has published a study on the impact of competition policy on the Mexican economy. See here for details.

The State of Antitrust in 2008

Posted on May 14, 2008
Posted by D. Daniel Sokol FTC Commissioner Tom Rosch recently provided The State of Antitrust in 2008 in which he discusses three recent Supreme Court decisions (Twombly, Weyerhaeuser, and Leegin) and broader themes from the Supreme Court?s recent antitrust jurisprudence.

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