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Corporate & Securities Law

Antitrust Review

Antitrust law and economics

Post Frequency: 2.5/day

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

Google from the command line

Posted on June 02, 2008
Not directly (or at all) antitrust related, but this tool was written with me in mind. (HT: /.)

Innovation and the Domain of Competition Policy

Posted on June 02, 2008
In his latest article on the subject, Herbert Hovenkamp expands his argument about the role of antitrust in the context of technology markets. Innovation requires: a public domain of ideas and expressions; andsome protection for new ideas.The former is a necessary condition for innovation, the latter is not...

Leniency in style: Clementie in kartelzaken

Posted on May 31, 2008
Did I mention before that I love most everything Dutch? This 10 minute short film from the Netherlands Competition Authority (NMa) is no exception. It’s a morality tale of price fixing, self doubt, concern for the families of the co-conspirators, and ultimately the triumph of justice and the cathartic effect of a confession...

The TSA Business Model

Posted on May 30, 2008
One of the gnomes finally came up with #2. Create long lines at “security” checkpoints Sell CLEAR passes for $128/year to let people cut in line Profit! Mike Luckovich has an even better proposal.

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?Will M&A Die Under Obama or Clinton?? asks the WSJ

Posted on May 30, 2008
You can’t be serious, fellas. First, you’re nine days late to the “story.” Second, how do you even answer this question in the affirmative? “Yes! Any transfer of corporate assets will be enjoined if antitrust enforcement were to return to pre-2000 levels...

EU to Fine and/or Sanction Intel?

Posted on May 30, 2008
The Financial Times Deutschland reports, according to Marketwatch, that the European Union’s competition authority will take action later this year against Intel Corp. over the semiconductor giant’s sales and distribution practices.� The Financial Times Deutschland said the EU had acquired enough evidence to act to keep Intel from selling its microprocessors at a discount to PC [...

DOJ and NAR (Realtors) Settle

Posted on May 27, 2008
The Department of Justice and the National Association of Realtors settled today.� According to DOJ: The Department of Justice announced today that it has reached a proposed settlement with the National Association of Realtors (NAR) that requires NAR to allow Internet-based residential real estate brokers to compete with traditional brokers...

Blawg Review #161

Posted on May 27, 2008
Blawg Review #161 is now available at the Patent Baristas.

Solicitor General Recommends the Court Grant Cert in an Antitrust Case

Posted on May 23, 2008
SCOTUSblog reports that the Solicitor General�recommends that�the Court grant certiorari in the antitrust case Pacific Bell Telephone Co., dba AT&T California v. linkLine Communications.� It reports: The petition, filed in response to a Ninth Circuit ruling last September, involves whether a company that has no duty under antitrust law to sell to others at wholesale can [...

FTC Report on Generic and Branded Drug Manufacturer Settlements

Posted on May 22, 2008
Yesterday, the FTC released its annual report on generic and branded drug manufacturers patent settlements.� According to the FTC: In fiscal year 2007, there were 33 final settlements, nearly half of which (14, or 42%) included both compensation to the generic company and a restriction on the generic?s ability to market its product...

Oil, OPEC and Antitrust

Posted on May 21, 2008
Yesterday, the House of Representatives passed HR 6074 which, in part, would amend the Sherman Antitrust Act.*� The bill provides, in part: The Sherman Act (15 U.S.C. 1 et seq.) is amended by adding after section 7 the following: Sec. 7A. (a) It shall be illegal and a violation of this Act for any foreign state, or [...

Obama and Antitrust

Posted on May 20, 2008
I believe that Senator Obama is the first canidate to address any antitrust issues from the stump this year.� During a speach on Sunday in Oregon, he said he would pursue a vigorous antitrust policy if elected.� Reuters reports: “I will assure that we will have an antitrust division that is serious about pursuing cases,” the [...

Blawg Review #160

Posted on May 18, 2008
Blawg Review #160 is now available at Ruthie’s Law.

Swimsuits and Antitrust

Posted on May 16, 2008
On Monday, swimsuit maker TYR Sport Inc. filed an antitrust lawsuit against�Warnaco Swimwear Inc., parent company of Speedo in the United States District Court for the Central District of California (and against�USA Swimming; the United States national team director, Mark Schubert; and Erik Vendt, a swimmer and former “pitchman” for TYR)...

Jeff Adachi?s Bar Exam Survival Series

Posted on May 16, 2008
This is a completely unsolicited plug for Jeff Adachi’s excellent Bar Breaker and Bar Exam Survival Kit series of books. The two Bar Breaker volumes contain about 80 sample essays with answers and grading keys, and the Survival Kit booklet has condensed outlines of “bar exam law...

German Court of Appeals Allows Suit by Claims Consolidator to Go Forward

Posted on May 15, 2008
The case pending before the regional court in D�sseldorf concerns a thirty-year cartel of cement companies, and is being brought on behalf of 29 of the largest customers by Cartel Damage Claims (CDC). CDC is a Belgian claims consolidator, which is seeking over 100 million Euros in the action...

Blawg Review #159

Posted on May 12, 2008
Blawg Review #159 is now available at the Whistleblower Blog.

FTC Challenges Northern VA Hospital Deal, Designates Rosch as ALJ

Posted on May 12, 2008
By a 3-0 vote (Commissioner Rosch not participating), the under-strength Federal Trade Commission on Friday approved a complaint challenging the proposed acquisition by Inova Health System Foundation of Prince William Health System, Inc. and authorized the staff to seek a temporary restraining order and preliminary injunction in federal district court to block the deal [...

On The Move: Stacey Anne Mahoney

Posted on May 08, 2008
Congratulations to Stacey Anne Mahoney who joined Gibson, Dunn & Crutcher�from Constantine Cannon.� Ms. Mahoney is�the current Chair of the Antitrust Section of the New York State Bar Association.� According to the press release: Mahoney focuses her practice on antitrust litigation and counseling...

Blawg Review #158

Posted on May 05, 2008
Blawg Review #158 is now available at The Mommy Blawg.

Antitrust Issues in Mergers and Acquisitions; Slides

Posted on May 04, 2008
Here are the slides from a recent presentation on antitrust issues in mergers and acquisition in Scottsdale, AZ.

On The Move: Marc G. Schildkraut

Posted on April 29, 2008
Congratulations to Marc G. Schildkraut who returned to Howrey from Heller Ehrman.� According to the press release: Howrey LLP announced today that Marc G. Schildkraut has rejoined its global Antitrust Practice in Washington, D.C.� Schildkraut had been with Howrey from 1993 to 2005, prior to which he spent 17 years at the Federal Trade Commission in [...

Blawg Review #157

Posted on April 28, 2008
Blawg Review #157 is now available at the Thoughts From A Management Lawyer blog.

On The Move: John Gibson

Posted on April 25, 2008
Congratulations to John�S. Gibson has joined Winston & Strawn’s�Los Angeles office from Paul, Hastings, Janofsky & Walker LLP.� According to the press release: Gibson?s practice focuses on the representation of Fortune 500 companies in complex civil litigation, including antitrust and unfair competition litigation, post-trial litigation, class actions, commercial purchase disputes, lender-liability defense litigation and real estate [...

More Detailed Rambus Analysis

Posted on April 25, 2008
Following up on this earlier post, here is a more detailed analysis of the Rambus case that I co-authored.

Antitrust and Innovation: Complete Set of Slides

Posted on April 25, 2008
Here is the complete set of slides from my Fall 2007 course on Antitrust and Innovation at the Benjamin N. Cardozo School of Law. I posted the slides as the course progressed, but these ones contain some updates and bugfixes. As always, the slides are licensed under a Creative Commons Attribution-Noncommercial 3...

The Limited Legal Impact of the D.C. Circuit?s Rambus Decision

Posted on April 25, 2008
Deception in the standard setting process is anticompetitive if the deception leads to increased market power. In other words, the conceptual sequence of events is as follows:Deception:Reliance by the SSO on the deception in the standards-adoption decisionMarket power gain through inclusion in the standard...

BMS Executive Faces Criminal Charges in Connection With Plavix

Posted on April 25, 2008
On Wednesday, a former Bristol-Myers Squibb�vice-president was indicted by the United States Department of Justice one count for making a false statement to the FTC.� The New York Times reports: Andrew G. Bodnar, a doctor, had made a false statement to the Federal Trade Commission in describing a 2006 agreement between Bristol-Myers and Apotex, a Canadian [...

On The Move: H. Stephen Harris, Jr.

Posted on April 25, 2008
Congratulations to H. Stephen Harris, Jr. has joined Jones Day from�Alston & Bird.��According to the press release: He has been widely recognized as a leading U.S. and international antitrust litigator, has considerable experience in Asia competition law and regimes, and currently serves as the International Officer of the ABA Section of Antitrust Law...

FTC loses Rambus on Appeal

Posted on April 22, 2008
Here is the opinion. After a quick read, we’re convinced this is a big one and probably headed for the Supreme Court. The D.C. Circuit applies NYNEX, which puts into question several harm-through-deception theories for conduct in standards-setting organizations.

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