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Corporate & Securities Law

Antitrust Review

Antitrust law and economics

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Last Entry: April 02, 2010 at 12:07:35

More Cuil results

Posted on July 28, 2008
Searching hasn’t been that much fun in ages! “rosch antitrust” “majoras antitrust” “sherman antitrust act”

Posted on July 28, 2008
Cuil, a new search engine started by former Google engineers, looks very, well, “cuil.” Cuil breaks with the “here’s a long list of stuff” search results page paradigm. It also seems to associate image content with the text search results, which sounds like a great idea...

A Brilliant Opinion

Posted on July 23, 2008
There is tension between Federal Rule of Civil Procedure 8(a) - requiring a ?short and plain statement? - and Federal Rule of Civil Procedure 9(b) - requiring the party state fraud claim with particularity. Not to mention between Rule 8(a) and Twombley...

Copyright Slider

Posted on July 18, 2008
Check out this great tool to determine whether a work is in the public domain. The problem (not with the tool, but with the law) is the the correct answer in most cases is “maybe.” This comes in the wake of frustrating news from Europe re retroactive extension of copyrights.

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Privacy and Competition

Posted on July 08, 2008
In a short essay on Competition and Privacy in Web 2.0 and the Cloud, Randy Picker hones in on an issue that will be of huge commercial and regulatory importance in the not too distant future. The current architecture of mostly decentralized data storage is privacy-friendly in the sense that I control what happens to [...

Should Bloggers be Liable for Defamation in Comments?

Posted on July 08, 2008
Here is an interesting and spirited debate between Cass Sunstein (for some limited liability) and Eugene Volokh (against it). In practice, I don’t think that the problem is quite as stark as Volokh makes it appear, i.e., publisher liability for comments would force blogs to disable comments or shut down altogether...

Kaiser on China Monopoly Law

Posted on July 08, 2008
See our very own Hanno Kaiser in the news today: the Recorder is running a story on “Bracing for China Monopoly Law.” Free registration required. Despite concerns, Hanno says, the new Chinese antitrust law is a step in the right direction.

A Post-Leegin Decision From A Circuit Court

Posted on July 03, 2008
We’re a bit behind on this (which I blame on having day jobs) but a couple of weeks ago, the Third Circuit applied the rule-of-reason test in a RMP case. The district court had granted summary judgment to the defendant but the Third Circuit reversed...

South Korean Merger Control Amendments

Posted on July 02, 2008
In June, the Korean Executive Branch approved amendments to the merger control regime (called Monopoly Regulation and Fair Trade Law or MRFTL), which went into effect yesterday, July 1. Here is a summary: 1. Increase of the Size Threshold for Business Group Designation The size threshold for the “Business Group” designation under the [...

Rosch on Competitive Effects v. Structural Arguments

Posted on June 26, 2008
In a speech held earlier this month, FTC Commissioner Tom Rosch discussed the litigation of merger challenges. His argument is that the focus on market definition or structural presumptions is neither required by the law nor a threshold issue in merger cases...

MasterCard and American Express Settle for $1.8 Billion

Posted on June 25, 2008
The New York Times reports: MasterCard Worldwide agreed on Wednesday to pay $1.8 billion to its credit card rival American Express to settle claims related to a 2004 antitrust lawsuit. The settlement comes about seven months after Visa paid more than $2...

Dutch Leniency Movie: International Release

Posted on June 13, 2008
We’ve reported on the emotionally moving picture, Clementie in kartelzaken, which has come a long way from sleeper hit (last week) to early favorite for this year’s Oscars in the category “Best motion picture by a competition authority...

Sabotage Field Manual Instructions for Conference Calls and Meetings

Posted on June 11, 2008
This 1944 Simple Sabotage Field Manual from the U.S. Office of Strategic Services (the precursor to the CIA) contains valuable advice on how to run a large-scale organization. Highly recommended (cough). (HT: BB).

FTI Consulting to Acquire Attenex

Posted on June 11, 2008
As announced today, Attenex and FTI Consulting have entered entered into a definitive agreement under which FTI will acquire Attenex. Those who do antitrust litigation, second requests, or other large document review tasks will be familiar with FTI and Attenex as providers of e-discovery services and document-review and production software...

Creative Commons Technology Summit

Posted on June 11, 2008
I will be at the CC Technology Summit next week (6/18/08). Send me an email if you plan on attending too. Here’s the program announcement:On June 18 Creative Commons holds its first technology summit in Silicon Valley (generously hosted by Google), bringing together many parties interested in making sure “Copyright 2...

FTC Petitions for Rehearing En Banc in Rambus

Posted on June 11, 2008
Here is the FTC’s petition for rehearing en banc. The brief is all about the critical issue of causation. The FTC argues that the panel decision conflicts with Microsoft’s holding on causation in monopolization cases, i.e., whether the conduct “reasonably appears capable of making a significant contribution to … monopoly power...

Neelie Kroes on the Goals of Antitrust Intervention in Standards-based Industries

Posted on June 10, 2008
In industries governed by standards, it is not always easy to identify the goal of antitrust intervention. Neelie Kroes defined it as follows:When a market develops in such a way that a particular proprietary technology becomes a de facto standard, then the owner of that technology may have such power over the market that it [...

Blawg Review #163

Posted on June 09, 2008
Blawg Review #163 is now available at More Partner Income.

Kovacic reverses Majoras: FTC Opens Intel Antitrust Investigation

Posted on June 06, 2008
Here is the NYT article:The Federal Trade Commission has opened a formal antitrust investigation of Intel, the world?s largest maker of computer microprocessors, for anticompetitive conduct, government officials and lawyers involved in the proceeding said Friday...

Is Cultural Production Really Driven by Copyright Protection?

Posted on June 06, 2008
Arguments about the merits of increased copyright protection usually proceed in three stages.Pro: “IP is like any other form of property.” Con: “No, it is not, because information is non-rivalrous. The main justification for exclusive property rights, allocating scarce resources, is therefore lacking...

Early Termination Search Engine

Posted on June 06, 2008
This personalized Google search widget crawls the path www.ftc.gov/bc/earlyterm/*. Theoretically, it should be search engine for all grants of early termination.

Roadmap to Motion to Dismiss Post-Twombly

Posted on June 05, 2008
The case, Babyage.com, Inc. v. Toys “R” Us, Inc., gives an interesting roadmap for what must be alleged in order to survive a motion to dismiss in a post-Twombly world. The case concerns retail-price maintenance after Leegin; the allegations were that a dominant retailer (Babys “R” Us) strong-armed high-end baby-goods manufacturers to adopt and [...

EU Antitrust Powers Not Enough for Dawn Raid?

Posted on June 05, 2008
The EU Commission on Monday announced that it is investigating the French drug maker Sanofi-Aventis for obstruction of justice. As part of its crack-down on the pharmaceutical industry, the EU conducted a dawn raid at Sanofi-Aventis, but was refused access to documents without a French search warrant: The commission’s allegation centers on Sanofi-Aventis’ refusal to let [...

Time zone converter

Posted on June 05, 2008
Trying to schedule a conference with folks from Brussels, D.C., Chicago, San Francisco, and Shanghai? Confused by GMT -7, GMT +8, GMT ^(2n-1) daylight savings time, etc> Then time and date.com is for you.

Sports Teams And Media

Posted on June 05, 2008
Although not an antitrust issue, I thought this news (via the Washington Post) might generate a few comments (my emphasis): Redskins owner Dan Snyder reached a deal yesterday to buy three local AM radio stations from Clear Channel Communications, including the area’s leading sports-talk station, WTEM...

Pamoyo: Creative Commons Licensed Fashion

Posted on June 04, 2008
When we’re not dealing with the antitrust implications of models in swimsuits (still our most linked post), we’re closely following the fashion industry. David, because he’s a style maven. I, because it is an interesting example for rapid innovation in a low-IP environment...

Monetizing Civil Liberties: On trading rights for consumer welfare

Posted on June 04, 2008
The permit is one of the oldest business models. First, the government issues some prohibition. Then, for a fee, the prohibition is partially lifted. Usually, the government collects the fee. But in the days of public-private partnership in security matters, some private entity does...

The Economics of Free and the value of privacy: Google offers real time stock quotes at no cost for the user

Posted on June 03, 2008
Google just moved to offering NASDAQ and Dow Jones Indices quotes in real time for free, thus effectively ending the subscription model for this category of content. Real time information is, of course, a great way of making a website sticky and thus of aggregating incremental eyeballs on Google Finance, access to which, in turn, [...

Posner on Convincing a Federal Court of Appeals

Posted on June 03, 2008
Here is the short version:[B]e brief, be clear, be simple, be vivid, be commonsensical, avoid legalisms, and do not be afraid to spoon-feed us?we will not bite your hand.The longer version is here.

Blawg Review #162

Posted on June 02, 2008
Blawg Review #162 is now available at the China Law Blog.

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