Corporate & Securities Law

The Role of Competition Policy in the APEC: Comparative and Japanese Case Studies

Posted on February 03, 2008
Posted by D. Daniel Sokol Filling a void in our understanding of Asian antitrust, Koki Arai, Senior Planning Officer, Japan Fair Trade Commission (JFTC), Acting Convener, Competition Policy and Deregulation Group, Asia-Pacific Economic Cooperation, and visiting associate professor, Osaka University...

Should Competition Law Promote Efficiency? Some Reflections of an Economist on the Normative Foundations of Competition Law

Posted on February 02, 2008
Posted by D. Daniel Sokol Wolfgang Kerber, Philipps University Marburg - Department of Business Administration and Economics asks, Should Competition Law Promote Efficiency? Some Reflections of an Economist on the Normative Foundations of Competition Law...

Antitrust Faculty on the Move

Posted on February 01, 2008
Posted by D. Daniel Sokol We want to compile a list of faculty in law, economics and business who teach and write in antitrust law or economics who will be either visiting at an institution other than their permanent home...

The CFI Decision in Microsoft: Why the European Commission's Guidelines on Abuse of Dominance Are Necessary and Possible

Posted on February 01, 2008
Posted by D. Daniel Sokol Frederic Jenny of ESSEC Business School and the Supreme Court of France (Cour de Cassation) has written on The CFI Decision in Microsoft: Why the European Commission's Guidelines on Abuse of Dominance Are Necessary and...

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Initial Thoughts on Microsoft/Yahoo Potential Merger

Posted on February 01, 2008
Posted by D. Daniel Sokol The EU essentially treats Microsoft as a regulated firm and continues to push against Microsoft with two new investigations. In the US, just this week, Judge Kollar-Kotelly extended all the oversight provisions of the Microsoft...

Should Intent Be a Separate Element of an Abuse of Market Dominance?

Posted on January 31, 2008
Posted by D. Daniel Sokol Hyungbae Kim of the Korean Fair Trade Commission asks Should Intent Be a Separate Element of an Abuse of Market Dominance? in the context of the Korean Supreme Court POSCO refusal to deal case. ABSTRACT:...

Evaluating Market Power with Two-Sided Demand and Preemptive Offers to Dissipate Monopoly Rent: Lessons for High-Technology Industries from the Proposed Merger of XM and Sirius Satellite Radio

Posted on January 31, 2008
Posted by D. Daniel Sokol Hal Singer of Criterion Economics andGreg Sidak of Georgetown Law bring us more on the potential implications of XM/Sirius in their paper Evaluating Market Power with Two-Sided Demand and Preemptive Offers to Dissipate Monopoly Rent:...

Microsoft Court Oversight Extended

Posted on January 30, 2008
Posted by D. Daniel Sokol Yesterday, over opposition from Microsoft and the Bush Administration via DOJ, Judge Kollar-Kotelly extended all the oversight provisions of the Microsoft consent decree until November 2009. See below for the opinion. Download judge_opinion_on_extension...

How Much Does it Hurt? How Australian Businesses Think About the Costs and Gains of Compliance with the Trade Practices Act

Posted on January 30, 2008
Posted by D. Daniel Sokol Christine E. Parker, University of Melbourne - Law School and Vibeke Lehmann Nielsen, University of Aarhus - Department of Political Science have an interesting data set that measures business perceptions of Austrlian competition law in...

Patent Holdup and Oligopsonistic Collusion in Standard Setting Organizations

Posted on January 30, 2008
Posted by D. Daniel Sokol Greg Sidak of Georgetown Law responds to Mark Lemley and Carl Shapiro regarding standard setting organizations and patent hold ups in his article Patent Holdup and Oligopsonistic Collusion in Standard Setting Organizations. ABSTRACT: In a...

New York's Prohibition of Vertical Price-Fixing

Posted on January 29, 2008
Posted by D. Daniel Sokol Jay Himes, the the chief of the antitrust bureau of the Office of the Attorney General of New York (and hence probably the most important state antitrust official in the US), has written a very...

Expert Economic Testimony, Economic Evidence and Asymmetry of Information in Antitrust Cases

Posted on January 29, 2008
Posted by D. Daniel Sokol Juan David Gutiérrez of Pontificia Universidad Javeriana Law School (Colombia) has written a comparative piece on Expert Economic Testimony, Economic Evidence and Asymmetry of Information in Antitrust Cases. ABSTRACT: The objective of this document is...

Price Discrimination Laws Outside the U.S.: Comparing Apples to Oranges

Posted on January 29, 2008
Posted by D. Daniel Sokol The ABA Antitrust Section is hosting a tele-seminar on February 20, 2008, Price Discrimination Laws Outside the U.S.: Comparing Apples to Oranges. You can register here for individuals and here for groups.

Call for Papers- Quantitative Effects of Anti-competitive Business Practices on Developing Countries and Their Development Prospects

Posted on January 28, 2008
Posted by D. Daniel Sokol UNCTAD is in the process of preparing the pre-conferences for the forthcoming UNCTAD XII Conference taking place in Accra, Ghana, in April 2008. In this context UNCTAD is seeking contributions from experts and scholars to...

Is DOJ Against Cheap Beer?

Posted on January 28, 2008
Posted by D. Daniel Sokol A number of analysts think that the SABMiller combination with Molson Coors should have been blocked and that enforcement at DOJ would have looked different under a Clinton administration.

Antitrust (Over-?)Confidence

Posted on January 28, 2008
Posted by D. Daniel Sokol Our friends at Truth on the Market, Thom Lambert of MU School of Law and Josh Wright of GMU Law School, have provided a nice opening essay to the transcript of the conference at Chicago...

The Next Frontier for Network Neutrality

Posted on January 27, 2008
Posted by D. Daniel Sokol Phil Weiser at the University of Colorado Law School provides us with the latest in the intersection of competition, innovation and the new with his article The Next Frontier for Network Neutrality. ABSTRACT: The challenge...

Supermarket Competition in Australia

Posted on January 26, 2008
Posted by D. Daniel Sokol The Australian Competition and Consumer Commission will hold a public inquiry into the competitiveness of grocery prices in Australia. Public submissions are welcomed.

The Microsoft Case: The IT industry and the Future of EC Competition Law

Posted on January 25, 2008
Posted by D. Daniel Sokol The University of Birmingham Institute for European law will host The Microsoft Case: The IT industry and the Future of EC Competition Law. Conference Programme 16:00 ? 16:30 Registration and coffee 16:30-16:40 Welcome and introduction...

OECD Competition Toolkit

Posted on January 25, 2008
Posted by D. Daniel Sokol Last month the OECD unveiled its Competition Toolkit to assist agencies to diagnose competition issues in their countries. This should make for a helpful tool in competition advocacy efforts.

Truth or Dare: Leniency and the Fight Against Cartels

Posted on January 25, 2008
Posted by D. Daniel Sokol Gunnar Niels of Oxera has authored a piece on Truth or Dare: Leniency and the Fight Against Cartels in which he applies experimental economics to the study of collusion. ABSTRACT: In 2007 one firm involved...

EC Competition Law Highlights of 2007 and Predictions for 2008

Posted on January 24, 2008
Posted by D. Daniel Sokol The Global Competition Law Centre of the College of Europe, Bruges is sponsoring a conference on EC Competition Law Highlights of 2007 and Predictions for 2008. Download 30th_lunch_talk_of_the_gclc_registration_form.pdf

The Antitrust Assessment of Loyalty Discounts and Rebates

Posted on January 24, 2008
Posted by D. Daniel Sokol Gianluca Faella of Cleary Gottlieb Steen & Hamilton discusses The Antitrust Assessment of Loyalty Discounts and Rebates in his new working paper. ABSTRACT: Loyalty discounts lie at the heart of the debate on single firm...

James O'Connell Apointed Deputy Assistant Attorney General in Charge of International, Policy and Appellate Matters

Posted on January 23, 2008
Posted by D. Daniel Sokol Congrats to James O'Connell, the new Deputy Assistant Attorney General in charge of International, Policy and Appellate matters for the Antitrust Division. The press release is here.

FTC Office of International Affairs

Posted on January 23, 2008
Posted by D. Daniel Sokol The FTC Office of International Affairs is exploring ways to update and improve theirWeb page. As part of this ongoing process, they are asking users of the web page for comments and suggestions on ways...

Request to Our Readers

Posted on January 23, 2008
Posted by D. Daniel Sokol If you are a reader and have your own blog, could you list us on your blogroll?

Giving the German Cartel Office the Power of Divestiture - The Conformity of the Reform with Constitutional Law

Posted on January 23, 2008
Posted by D. Daniel Sokol Christoph Engel (Max Planck Institute for Research on Collective Goods) provides an interesting normative analysis of German competition law in his piece Giving the German Cartel Office the Power of Divestiture - The Conformity of...

Specialized LLM in Competition/Antitrust Law?

Posted on January 22, 2008
Posted by D. Daniel Sokol I get a number of requests throughout the year about what universities have specialized LLMs in competition law. Unfortunately, I do not have an answer. I invite readers to post about what specialized antitrust/competition law...

2008 International Technical Assistance Workshop: Charting the Future Course of International Technical Assistance at the U.S. Department of Justice and the Federal Trade Commission

Posted on January 22, 2008
Posted by D. Daniel Sokol The Antitrust Division of the U.S. Department of Justice and the Federal Trade Commission plan to host a one-day workshop on international technical assistance titled 2008 International Technical Assistance Workshop: Charting the Future Course of...

Bundles of Joy: The Ubiquity and Efficiency of Bundles in New Technology Markets

Posted on January 21, 2008
Posted by D. Daniel Sokol Stan J. Liebowitz, University of Texas at Dallas - Department of Finance & Managerial Economics and Stephen E. Margolis, North Carolina State University - Department of Economics bring us Bundles of Joy: The Ubiquity and...

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