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Last Entry: November 20, 2009 at 12:27:00

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Monopolization via Voluntary Network Effects

Posted on November 20, 2009
Posted by D. Daniel Sokol Adi Ayal, Bar-Ilan University - Faculty of Law analyzes Monopolization via Voluntary Network Effects. ABSTRACT: Firms strategically investing in creating (or strengthening) network effects, are engaged in actively shifting market structure...


Resale Price Maintenance in EC Competition Law: The Need for a Standardised Approach

Posted on November 20, 2009
Posted by D. Daniel Sokol Frederik van Doorn, Utrecht University - School of Law explains Resale Price Maintenance in EC Competition Law: The Need for a Standardised Approach. ABSTRACT: The paper addresses the paradox that, although it is generally recognised...


Private Antitrust Enforcement in the Presence of Pre-Trial Bargaining

Posted on November 20, 2009
Posted by D. Daniel Sokol Sylvain Bourjade, University of Toulouse - Econ; Patrick Rey, University of Toulouse - Econ, and Paul Seabright, University of Toulouse - Industrial Economic Institute explain Private Antitrust Enforcement in the Presence of Pre-Trial Bargaining...


Staying, dropping, or switching : the impacts of bank mergers on small firms

Posted on November 19, 2009
Posted by D. Daniel Sokol Hans Degryse (Tilburg University - Econ), Nancy Masschelein (National Bank of Belgium, Financial Department), and Janet Mitchell (National Bank of Belgium, Financial Department) address Staying, dropping, or switching : the impacts of bank mergers on...


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Competition between TV Platforms

Posted on November 19, 2009
Posted by D. Daniel Sokol Laia Domènech Campmajó (PPRE-IREA, University of Barcelona, Econ) writes on Competition between TV Platforms. ABSTRACT: The aim of this paper is to identify the factors that affect the market penetration of pay television by studying...


A Dynamic Game of Airline Network Competition: Hub-and-Spoke Networks and Entry Deterrence

Posted on November 19, 2009
Posted by D. Daniel Sokol Victor Aguirregabiria (Toronto - Econ) and Chun-Yu Ho (Georgia Tech - Econ) address A Dynamic Game of Airline Network Competition: Hub-and-Spoke Networks and Entry Deterrence. ABSTRACT: In a hub-and-spoke network, the total profit function of...


Monopoly Pricing of an Antibiotic Subject to Bacterial Resistance

Posted on November 19, 2009
Posted by D. Daniel Sokol Markus Herrmann (Department of Economics, CRÉA, GREEN and CIRPÉE, Université Laval) writes on Monopoly Pricing of an Antibiotic Subject to Bacterial Resistance. ABSTRACT: We develop a dynamic bio-economic model of bacterial resistance and disease transmission...


Whistling Past the Graveyard: The Problem with the Per Se Legality Treatment of Pay-For-Delay Settlements

Posted on November 18, 2009
Posted by D. Daniel Sokol Michael Kades (Federal Trade Commission) explains Whistling Past the Graveyard: The Problem with the Per Se Legality Treatment of Pay-For-Delay Settlements. ABSTRACT: Arguably, the most important debate in antitrust jurisprudence involves pay-for-delay patent settlements in...


Welcome CCP Competition Policy Blog

Posted on November 18, 2009
Posted by D. Daniel Sokol The University of East Anglia's Centre for Competition Policy (note the British spelling of Center for those of you who are US readers -- this means that the Centre for Competition Policy is that much...


The Approach to State Aid in the Restructuring of the Financial Sector

Posted on November 18, 2009
Posted by D. Daniel Sokol Lorenzo Coppi & Jenny Haydock, (both CRA International) describe The Approach to State Aid in the Restructuring of the Financial Sector. ABSTRACT: The unprecedented nature of the financial crisis in autumn 2008 led the European...


'We are here in a very melancholy Situation': Financial crisis and competition policy

Posted on November 18, 2009
Posted by D. Daniel Sokol Peter Freeman (Competition Commission) spoke to the David Hume Institute on 'We are here in a very melancholy Situation': Financial crisis and competition policy.


A Question for Our Readers

Posted on November 18, 2009
Posted by D. Daniel Sokol We read a Winnie the Pooh story to our girls tonight before bed. I have often wondered why Winnie the Pooh lives in the house of Mr. Sanders (because it says the name Mr. Sanders...


Cartelizing Groups in Dynamic Linear Oligopoly with Antitrust Threshold

Posted on November 18, 2009
Posted by D. Daniel Sokol Akio Matsumoto, Chuo University, Ugo Merlone, University of Turin - Department of Statistics and Applied Mathematics, and Ferenc Szidarovszky, University of Arizona - Department of Systems & Industrial Engineering analyze Cartelizing Groups in Dynamic Linear...


Deterrence in Competition Law

Posted on November 18, 2009
Posted by D. Daniel Sokol Paolo Buccirossi (LEAR), Lorenzo Ciari (Lear and EUI), Tomaso Duso (Humboldt University Berlin and WZB), Giancarlo Spagnolo (University of Rome Tor Vergata), and Cristiana Vitale (LEAR) focus on Deterrence in Competition Law...


Brill and Ramirez Nominated for FTC Commissioner positions

Posted on November 17, 2009
Posted by D. Daniel Sokol Reuters has the story here. Both names have been floated for quite some time so neither comes as a surprise. Both are consumer protection people (the first since Muris). I do not have a sense...


Price Discrimination and Welfare

Posted on November 17, 2009
Posted by D. Daniel Sokol Barry Nalebuff (Yale - School of Management) addresses Price Discrimination and Welfare. ABSTRACT: Elhauge (2009) provides a wide-ranging article that is impressive both in its clarity and its holistic attack on the practice of bundling...


November 20, 2010 Call for Papers Deadline Approaching for The Next Generation of Antitrust Scholarship Conference at NYU

Posted on November 17, 2009
Posted by D. Daniel Sokol Call for Papers The Next Generation of Antitrust Scholarship Conference NYU School of Law January 29, 2010 Co-sponsored by NYU School of Law, American Association of Law Schools ? Antitrust and Trade Regulation Section and...


The U.S. Auto Industry Under Duress: Fit, or Finished?

Posted on November 17, 2009
Posted by D. Daniel Sokol John E. Kwoka, Jr., Northeastern University - Econ asks The U.S. Auto Industry Under Duress: Fit, or Finished? ABSTRACT: In the latter half of the 20th century, the U.S. auto industry truly lost its way....


Horizontal Merger Guidelines Review Project - First Set of Comments Posted

Posted on November 17, 2009
Posted by D. Daniel Sokol See here. Some comments are really good. I wish I knew who really paid for them.


Parental Liability for Cartel Infringements

Posted on November 17, 2009
Posted by D. Daniel Sokol James Bourke (European Commission) explains Parental Liability for Cartel Infringements. ABSTRACT: The imputation of liability to a parent company for its subsidiary's participation in a cartel forms part of a field of law which has...


Merger Review of Firms in Financial Distress

Posted on November 17, 2009
Posted by D. Daniel Sokol Ken Heyer (DOJ) & Sheldon Kimmel (DOJ) examine Merger Review of Firms in Financial Distress. ABSTRACT: In recessions, we expect to see an increase in both the number and share of mergers where at least...


Reversing the Trend? The Possibility that Rule Changes May Lead to Fewer Reverse Payments in Pharma Settlements

Posted on November 17, 2009
Posted by D. Daniel Sokol Anne Layne-Farrar (LECG) suggests that Reversing the Trend? The Possibility that Rule Changes May Lead to Fewer Reverse Payments in Pharma Settlements. ABSTRACT: This article begins by laying out a simple framework that makes obvious...


Of Myths and Evidence: An Analysis of 40 U.S. Cases for Countries Considering a Private Right of Action for Competition Law Violations

Posted on November 16, 2009
Posted by D. Daniel Sokol Robert H. Lande, University of Baltimore - School of Law and Joshua P. Davis, University of San Francisco - School of Law explain Of Myths and Evidence: An Analysis of 40 U.S. Cases for Countries...


Optimal Merger Policy: Enforcement vs. Deterrence

Posted on November 16, 2009
Posted by D. Daniel Sokol Lars Sørgard, Norwegian Competition Authority has a paper on Optimal Merger Policy: Enforcement vs. Deterrence. ABSTRACT: The purpose of this article is to investigate the optimal merger policy in the presence of deterrence as of...


Can Bundled Discounting Increase Consumer Prices Without Excluding Rivals?

Posted on November 16, 2009
Posted by D. Daniel Sokol Daniel Crane (University of Michigan) & Josh Wright (George Mason University School of Law) ask Can Bundled Discounting Increase Consumer Prices Without Excluding Rivals? ABSTRACT: Since we abhor suspense, we will quickly answer the question...


Competition Policy and the Economic Crisis

Posted on November 16, 2009
Posted by D. Daniel Sokol Philip Lowe (European Commission, DG Competition) analyzes Competition Policy and the Economic Crisis. ABSTRACT: The Commission stands firm on the importance of maintaining the competition rules and a policy of robust competition policy enforcement...


The AT&T Case: A Personal View

Posted on November 16, 2009
Posted by D. Daniel Sokol Tom Kauper (Michigan Law) has an interesting article on The AT&T Case: A Personal View. ABSTRACT: The AT&T case, asserting that the company had acted in violation of the antitrust laws and seeking its dissolution,...


Justice Department and USDA Set Dates for Workshops to Explore Competition and Regulatory Issues in The Agriculture Industry

Posted on November 15, 2009
Posted by D. Daniel Sokol According to the DOJ press release: The Department of Justice and the U.S. Department of Agriculture (USDA) announced today the dates and locations of joint public workshops that will explore competition and regulatory issues in...


Vertical Restraints to Competition in Retail Markets

Posted on November 14, 2009
Posted by D. Daniel Sokol Nicolás Rojas Covarrubias, Facultad de Derecho - Universidad de Chile address Vertical Restraints to Competition in Retail Markets (Restricciones Verticales a la Competencia en el Ámbito del Retail) in a new book chapter. ABSTRACT: This...


New Fronteirs of Antitrust

Posted on November 14, 2009
Posted by D. Daniel Sokol Keynote speakers: Christine VARNEY, Assistant Attorney General, Department of Justice, Washington William E. KOVACIC, Commissioner, Federal Trade Commission, Washington NEW FRONTIERS OF ANTITRUST 101 rue de l'Université, Paris Assemblée Nationale, Immeuble Chaban-Delmas, Salle Victor Hugo...


Review of Reverse-Payment Agreements: The Agencies, the Courts, Congress, and the European Commission

Posted on November 13, 2009
Posted by D. Daniel Sokol William Rooney (Willkie Farr & Gallagher) & Elai Katz (Cahill) provide a Review of Reverse-Payment Agreements: The Agencies, the Courts, Congress, and the European Commission. ABSTRACT: Two bills seeking to ban reverse-payment agreements are currently...


Collusion Facilitating and Collusion Breaking Power of Simultaneous Ascending and Descending Price Auctions

Posted on November 13, 2009
Posted by D. Daniel Sokol Alexander L. Brown, Texas A&M University - Department of Economics, Charles R. Plott, California Institute of Technology - Division of the Humanities and Social Sciences, and Heidi J. Sullivan, analyze Collusion Facilitating and Collusion Breaking...


Online Distribution of Copyright Works: Google Books in a Broader European Context

Posted on November 13, 2009
Posted by D. Daniel Sokol Isabel Davies, Alex Bowtell, Florian Dietrich, & Janine Seidel (CMS Cameron McKenna & CMS Hasche-Sigle) explain Online Distribution of Copyright Works: Google Books in a Broader European Context. ABSTRACT: At first blush, the Google Books...


The Rule of Reason: An Empirical Update for the 21st Century

Posted on November 12, 2009
Posted by D. Daniel Sokol Michael Carrier (Rutgers-Camden, Law) has an important contribution on The Rule of Reason: An Empirical Update for the 21st Century. ABSTRACT: One of the most amorphous rules in antitrust is the rule of reason. One...


The Insurance Industry's Antitrust Immunity

Posted on November 12, 2009
Posted by D. Daniel Sokol Herb Hovenkamp (Iowa- Law) explains The Insurance Industry's Antitrust Immunity. ABSTRACT: The 1945 McCarran-Ferguson Act provides that federal legislation generally, including the antitrust laws, is ?applicable to the business of insurance [only] to the extent...


Estimation and Identification of Merger Effects: An Application to Hospital Mergers

Posted on November 12, 2009
Posted by D. Daniel Sokol New in the Journal of Law and Economics is Estimation and Identification of Merger Effects: An Application to Hospital Mergers by Leemore Dafny (Northwestern - Kellogg). ABSTRACT: Existing empirical estimates of merger effects are compromised...


TransAtlantic Divide in Oracle/Sun Merger - A Difference of Culture?

Posted on November 11, 2009
Posted by D. Daniel Sokol Surprisingly, it is the NY Times that brings up the cultural differences between the US and Europe. Essentially, US antitrust enforcers believe in the market and Europeans do not. After a conference in May in...


FTC and Department of Justice Sign Antitrust Memorandum of Understanding with Russia?s Federal Antimonopoly Service

Posted on November 11, 2009
Posted by D. Daniel Sokol The press release is here.


The Effects of Leniency on Maximal Cartel Pricing

Posted on November 11, 2009
Posted by D. Daniel Sokol Harold Houba, VU University Amsterdam - Department of Economics, Evguenia Motchenkova, VU University Amsterdam, and Quan Wen, Vanderbilt University - Department of Economics discuss The Effects of Leniency on Maximal Cartel Pricing...


The Limits of Antitrust in the New Economy

Posted on November 11, 2009
Posted by D. Daniel Sokol Geoffrey A. Manne, International Center for Law & Economics, Lewis & Clark Law School, LECG, LLC and Joshua D. Wright, George Mason University School of Law have a forthcoming article on The Limits of Antitrust...


Applying Litigation Economics to Patent Settlements: Why Reverse Payments Should be Per Se Illegal

Posted on November 11, 2009
Posted by D. Daniel Sokol Josh Davis (University of San Francisco - Law) explains Applying Litigation Economics to Patent Settlements: Why Reverse Payments Should be Per Se Illegal. ABSTRACT: One of the most pressing issues in antitrust law is how...


Obama's Antitrust Agenda

Posted on November 11, 2009
Posted by D. Daniel Sokol Dan Crane (Michigan - Law) discusses Obama's Antitrust Agenda. ABSTRACT: President Obama has vowed to reinvigorate U.S. antitrust enforcement, returning it to the ?big is bad? legal philosophy of the early-20th century. That philosophy was...


Competition in/by the Public Sector

Posted on November 11, 2009
Posted by D. Daniel Sokol I am off tonight to Stockholm to present at what looks to be a very interesting conference on The Pros and Cons of Competition in/by the Public Sector that the Swedish Competition Authority has organized....


Private Antitrust Enforcement in the Presence of Pre-Trial Bargaining

Posted on November 10, 2009
Posted by D. Daniel Sokol Sylvain Bourjade, University of Toulouse - Econ, Patrick Rey, University of Toulouse - Econ and Paul Seabright, University of Toulouse - Econ have an interesting article on Private Antitrust Enforcement in the Presence of Pre-Trial...


An Antitrust Decalogue: The ten commandments of Australasian competition law

Posted on November 10, 2009
Posted by D. Daniel Sokol Rex Ahdar (University of Otago - Faculty of Law) combines antitrust and religion in his article An Antitrust Decalogue: The ten commandments of Australasian competition law. ABSTRACT: This article summarises the basic principles of Australian...


Merger Performance and Efficiencies in Horizontal Merger Policy in the US and the EU

Posted on November 10, 2009
Posted by D. Daniel Sokol Sjoerd P. Kamerbeek University of Utrecht - Faculty of Law addresses Merger Performance and Efficiencies in Horizontal Merger Policy in the US and the EU. ABSTRACT: In current horizontal merger policy in the US and...


On Optimal Legal Standards for Competition Policy: A General Welfare-Based Analysis

Posted on November 10, 2009
Posted by D. Daniel Sokol Yannis Katsoulacos, University of Athens - Econ and David Ulph, University College London - Econ address On Optimal Legal Standards for Competition Policy: A General Welfare-Based Analysis. ABSTRACT: We present a new welfare-based framework for...


Tilburg University 2009 Workshop on Innovation, Intellectual Property and Competition Policy

Posted on November 09, 2009
Posted by D. Daniel Sokol Workshop on Innovation, Intellectual Property and Competition Policy Friday 18 December 2009 Tilburg University Netherlands In this half-day workshop, the winners of the TILEC IIPC (Innovation, Intellectual Property and Competition) grant 2008 will present the...


State aid and tacit collusion

Posted on November 09, 2009
Posted by D. Daniel Sokol Christoph Bertsch, Claudio Calcagno and Mark Le Quement (all EUI - Econ) analyze State aid and tacit collusion. ABSTRACT: Both literature and policy debate on State aid or government subsidies have focused on the trade-off...


Settle for Now but Block for Tomorrow: The Deterrence Effects of Merger Policy Tools

Posted on November 09, 2009
Posted by D. Daniel Sokol Jo Seldeslachts University of Amsterdam, Joseph A. Clougherty Wissenschaftszentrum Berlin, and Pedro Pita Barros Universidade Nova de Lisboa have an interesting new article, Settle for Now but Block for Tomorrow: The Deterrence Effects of Merger...


Department of Justice Antitrust Division Issues Statement on the European Commission's Decision Regarding the Proposed Transaction Between Oracle and Sun

Posted on November 09, 2009
Posted by D. Daniel Sokol The DOJ has released a statement on the European Commission's Decision Regarding the Proposed Transaction Between Oracle and Sun. This is as nice a statement as you could have over what seems to me to...


Going Once, Going Twice, Reported! Cartel Activity And The Effectiveness Of Leniency Programs in Experimental Auctions

Posted on November 09, 2009
Posted by D. Daniel Sokol Jeroen Hinloopen and Sander Onderstal (both Amsterdam School of Economics, Faculty of Economics and Business Administration, University of Amsterdam) explain Going Once, Going Twice, Reported! Cartel Activity And The Effectiveness Of Leniency Programs in Experimental...


Paying a Premium on Your Premium? Consolidation in the U.S. Health Insurance Industry

Posted on November 09, 2009
Posted by D. Daniel Sokol Leemore Dafny (Northwestern Kellogg - Strategy), Mark Duggan (Maryland - Econ) and Subramaniam Ramanarayanan (UCLA Anderson - Econ) explain Paying a Premium on Your Premium? Consolidation in the U.S. Health Insurance Industry...


European Competition Network report on leniency convergence

Posted on November 07, 2009
Posted by D. Daniel Sokol Available here.


Second Annual FTC-Northwestern University Microeconomics Conference

Posted on November 07, 2009
Posted by D. Daniel Sokol The Federal Trade Commission and Northwestern University will host the Second Annual FTC-NU Microeconomics Conference on November 19 and 20, in Washington, D.C. The two-day conference, to be held at the FTC Conference Center, will...


Temporary Wholesale Gasoline Price Spikes Have Long?Lasting Retail Effects: The Aftermath of Hurricane Rita

Posted on November 06, 2009
Posted by D. Daniel Sokol Matthew Lewis (Ohio State - Econ) explains Temporary Wholesale Gasoline Price Spikes Have Long?Lasting Retail Effects: The Aftermath of Hurricane Rita. ABSTRACT: I study U.S. gasoline prices following Hurricane Rita to show that short?lived geographical...


Call for Papers - The Next Generation of Antitrust Scholarship Conference NYU School of Law, January 29, 2010

Posted on November 06, 2009
Posted by D. Daniel Sokol Call for Papers The Next Generation of Antitrust Scholarship Conference NYU School of Law January 29, 2010 Co-sponsored by NYU School of Law, American Association of Law Schools ? Antitrust and Trade Regulation Section and...


Vertical Agreements and Competition Law - A Comparative Study of the EU and US Regimes

Posted on November 06, 2009
Posted by D. Daniel Sokol Sandra Marco Colino (Glascow - Law) provides a comparative perspective of the important issue of vertical restraints with her book Vertical Agreements and Competition Law - A Comparative Study of the EU and US Regimes....


Article 82 EC - Reflections on its Recent Evolution

Posted on November 06, 2009
Posted by D. Daniel Sokol Ariel Ezarchi (Oxford - Law) has edited an important collection on Article 82 EC - Reflections on its Recent Evolution. BOOK ABSTRACT: The landscape of European competition law has seen significant changes in the past...


Going Once, Going Twice, Reported! Cartel Activity and the Effectiveness of Leniency Programs in Experimental Auctions

Posted on November 05, 2009
Posted by D. Daniel Sokol Jeroen Hinloopen, University of Amsterdam, Tinbergen Institute and Sander Onderstal, University of Amsterdam, Tinbergen Institute explain Going Once, Going Twice, Reported! Cartel Activity and the Effectiveness of Leniency Programs in Experimental Auctions...


Tacit Collusion in Auctions and Conditions for its Facilitation and Prevention: Equilibrium Selection in Laboratory Experimental Markets

Posted on November 05, 2009
Posted by D. Daniel Sokol Jin Li, Northwestern University - Department of Management & Strategy and Charles R. Plott, California Institute of Technology - Division of the Humanities and Social Sciences explain Tacit Collusion in Auctions and Conditions for its...


The Increased Level of EU Antitrust Fines, Judicial Review, and the European Convention on Human Rights

Posted on November 05, 2009
Posted by D. Daniel Sokol Wouter Wils (Legal Service of the European Commission, King's College London) has a new paper on The Increased Level of EU Antitrust Fines, Judicial Review, and the European Convention on Human Rights. ABSTRACT: Some lawyers...


Google: The Benign Monopolist?

Posted on November 05, 2009
Posted by D. Daniel Sokol Ian Forrester (White & Case) asks, Google: The Benign Monopolist? ABSTRACT: If we are not abolishing copyright law, the proposed project raises several concerns. Some may say that copyright laws are too slow and do...


A Prescription for Change: How the Medicare Act Revises Hatch-Waxman to Speed Market Entry of Generic Drugs

Posted on November 05, 2009
Posted by D. Daniel Sokol Stephanie M. Greene, Boston College - Wallace E. Carroll School of Management explains A Prescription for Change: How the Medicare Act Revises Hatch-Waxman to Speed Market Entry of Generic Drugs. ABSTRACT: The author reviews the...


Network-Based Governance in EC Law - The Example of EC Competition and EC Communications Law

Posted on November 05, 2009
Posted by D. Daniel Sokol Maartje de Visser (Tilburg Law) explains Network-Based Governance in EC Law - The Example of EC Competition and EC Communications Law. BOOK ABSTRACT: To strengthen the credibility of the EU and its policies, the European...


A Debate on American Needle v. NFL

Posted on November 04, 2009
Posted by D. Daniel Sokol IU-Indianapolis November 4, 2009 Roundtable Discussion A Debate on American Needle v. NFL Speaker: Dean Gary R. Roberts and Professor Max Huffman, Professor Antony Page will moderate Time: 6:00 p.m. Location: Wynne Courtroom Contact: Shaun...


European State Aid Law - A Handbook

Posted on November 04, 2009
Posted by D. Daniel Sokol Martin Heidenhain (Hengler) provides a useful overview of European State Aid Law - A Handbook. BOOK ABSTRACT: The handbook is a completely revised and updated version of the "Handbuch des Europäischen Beihilferechts", first published in...


The Proposed Google Book Settlement: Assessing the Exclusionary Effects

Posted on November 04, 2009
Posted by D. Daniel Sokol Tim Brennan (U Maryland - Baltimore, Econ) explains The Proposed Google Book Settlement: Assessing the Exclusionary Effects. ABSTRACT: Google?s actions in this matter, and perhaps others (e.g., interlocking directorates), are taking place against a backdrop...


NY files antitrust suit against Intel

Posted on November 04, 2009
Posted by D. Daniel Sokol Do you ever feel like Intel is besieged? Suits in the US (private), Japan, Korea, European Union and now another US suit (state level) by NY. Is the FTC next? I will have a forthcoming...


Equal Strength or Dominant Teams: Policy Analysis of NFL

Posted on November 03, 2009
Posted by D. Daniel Sokol Burhan Biner (Minnesota - Econ) analyzes Equal Strength or Dominant Teams: Policy Analysis of NFL. ABSTRACT: In North America, professional sports leagues operate mostly as cartels. They employ certain policies such as revenue sharing, salary...


Software Innovation and the Open Source threat

Posted on November 03, 2009
Posted by D. Daniel Sokol German Lambardi (Toulouse School of Economics) has an interesting paper on Software Innovation and the Open Source threat. ABSTRACT: In this paper I study how innovation investment in a software duopoly is affected by the...


European Competition Law - A Commentary

Posted on November 03, 2009
Posted by D. Daniel Sokol Rainer Bechtold, Ingo Brinker, Wolfgang Bosch and Simon Hirsbrunner(all Gleiss Lutz) have a book out on European Competition Law - A Commentary. BOOK ABSTRACT: European Competition Law is now among the most important branches of...


ABA Antitrust Section Janet Steiger Fellowship Opportunity for Summer 2010

Posted on November 03, 2009
Posted by D. Daniel Sokol The ABA Antitrust Section Janet D. Steiger Fellowship is available again for up to 20 first and second year law students throughout the United States . The fellowship program, named the Janet D. Steiger Fellowship...


Competition in two-sided markets with common network externalities

Posted on November 03, 2009
Posted by D. Daniel Sokol David Bardey (University of Rosario), Helmuth Cremer (Toulouse School of Economics), and Jean-Marie Lozachmeur (School of Economics IDEI and GREMAQ-CNRS) explain Competition in two-sided markets with common network externalities...


Welfare Enhancing Mergers Under Product Differentiation

Posted on November 02, 2009
Posted by D. Daniel Sokol Tina Kao and (ANU - Econ) Flavio Menezes (Queensland - Econ) analyze Welfare Enhancing Mergers Under Product Differentiation. ABSTRACT: This paper considers a model of duopoly with differentiated products to examine the welfare effects of...


Assessing Competition with the Panzar-Rosse Model: The Role of Scale, Costs, and Equilibrium

Posted on November 02, 2009
Posted by D. Daniel Sokol Jacob A. Bikker (University of Utrecht, Economics), Sherrill Shaffer (University of Wyoming, Department of Economics and Finance), and Laura Spierdijk (University of Groningen, Faculty of Economics & Business) write on Assessing Competition with the Panzar-Rosse...


State Resale Price Maintenance Laws After Leegin

Posted on November 02, 2009
Posted by D. Daniel Sokol Michael Lindsey (Dorsey & Whitney) has created a very useful guide on State Resale Price Maintenance Laws After Leegin.


Hotelling's Spatial Competition Reconsidered

Posted on November 02, 2009
Posted by D. Daniel Sokol Takatoshi Tabuchi (Faculty of Economics, University of Tokyo) analyzes Hotelling's Spatial Competition Reconsidered. ABSTRACT: Oligopoly models are usually analyzed in the context of two firms anticipating that market outcomes would be qualitatively similar in the...


Competitive Pressure and the Adoption of Complementary Innovations

Posted on November 02, 2009
Posted by D. Daniel Sokol Tobias Kretschmer (Institute for Communication Economics, LMU Munich), Eugenio Miravete (Department of Economics, University of Texas at Austin), and José Pernías (Department of Economics, Universidad Jaume I de Castellón) explain Competitive Pressure and the Adoption...


Antitrust community in Latin American: the role of universities

Posted on October 31, 2009
Posted by D. Daniel Sokol Law professor Juan Gutierrez of the University of Javeriana (Colombia) writes in with a request: I am conducting a research on the Latin American antitrust community as part of the investigation projects of the Competition...


Product Durability in Markets with Consumer Lock-in

Posted on October 31, 2009
Posted by D. Daniel Sokol Tobias Langenberg (Free University of Berlin) has a new working paper on Product Durability in Markets with Consumer Lock-in. ABSTRACT: This paper examines a two-period duopoly where consumers are locked-in by switching costs that they...


Competition policy and productivity growth: An empirical assessment

Posted on October 30, 2009
Posted by D. Daniel Sokol For those interested in competition policy and development, Paolo Buccirossi (LEAR), Lorenzo Ciari (EUI and LEAR), Tomaso Duso (Humboldt University and the WZB), Giancarlo Spagnolo (University of Rome Tor Vergata), and Cristiana Vitale (LEAR) have...


Input pricing by an upstream monopolist into imperfectly competitive downstream markets

Posted on October 30, 2009
Posted by D. Daniel Sokol Ioannis Pinopoulos ((Department of Economics, University of Macedonia) examines Input pricing by an upstream monopolist into imperfectly competitive downstream markets. ABSTRACT: In downstream markets where entry is independent from profitability conditions, the upstream supplier?s optimal...


The EU?s Flawed Assessment of Horizontal Aspects in GE/Honeywell: Re-Visiting the Last Pillar of the European Prohibition Decision

Posted on October 30, 2009
Posted by D. Daniel Sokol Philipp Schumacher, Technical University of Berlin explains The EU?s Flawed Assessment of Horizontal Aspects in GE/Honeywell: Re-Visiting the Last Pillar of the European Prohibition Decision. ABSTRACT: This paper argues that - in contrast to the...


Transgenic Seed Platforms: Competition Between a Rock and a Hard Place

Posted on October 29, 2009
Posted by D. Daniel Sokol Diana Moss (AAI) reports on Transgenic Seed Platforms: Competition Between a Rock and a Hard Place. ABSTRACT: With the widespread adoption by farmers of corn, cotton, and soybean seed containing transgenic technology, the U.S...


China?s First Court Decision under the Antimonopoly Law: A Misreading of the Law?

Posted on October 29, 2009
Posted by Wentong Zheng On October 23, 2009, the Shanghai No. 1 Intermediary People?s Court in China handed down a decision in what became China?s first case under the Antimonopoly Law (?AML?) decided by a court (see here for a...


European State aid policy in search of a standard. What is the role of economic analysis?

Posted on October 29, 2009
Posted by D. Daniel Sokol Alberto Heimler (Scuola superiore della pubblica amministrazione - Econ) asks, European State aid policy in search of a standard. What is the role of economic analysis? ABSTRACT: In the early years of enforcement of antitrust...


Getting Linkedin to Antitrust and Competition Issues

Posted on October 29, 2009
Posted by D. Daniel Sokol Ever wonder who the other readers of the blog are and your potential opportunities to network with them? I have created a Linkedin site for readers of the blog to network and post announcements on...


McCarran-Ferguson Antitrust exemption repealer legislation update

Posted on October 29, 2009
Posted by Chris Sagers The comprehensive House health care bill introduced for floor consideration this morning contains, as section 262, the McCarran-Ferguson repealer that was voted out of House Judiciary earlier this month (the original bill repealing the exemption had...


Endogenous Mergers Under Multi-Market Competition

Posted on October 29, 2009
Posted by D. Daniel Sokol Tina Kao and (ANU - Econ) Flavio Menezes (Queensland - Econ) analyze Endogenous Mergers Under Multi-Market Competition. ABSTRACT: This paper examines a simple model of strategic interactions among firms that face at least some of...


Competition, Essential Facilities, Bottlenecks and the Pricing of Mobile Phone Service

Posted on October 29, 2009
Posted by D. Daniel Sokol Stanford L. Levin, Southern Illinois University Edwardsville and Stephen R. Schmidt, TELUS Communications, Inc. describe Competition, Essential Facilities, Bottlenecks and the Pricing of Mobile Phone Service. ABSTRACT: Two mobile service pricing frameworks have developed around...


linkLine's Institutional Suspicions

Posted on October 28, 2009
Posted by D. Daniel Sokol Dan Crane (Michigan Law) has a nice piece on linkLine's Institutional Suspicions. ABSTRACT: The Supreme Court's recent decision in Pacific Bell v. linkLine, rejecting antitrust liability for price squeezes by integrated dominant firms, is the...


The significance of economic evidence in competition cases

Posted on October 28, 2009
Posted by D. Daniel Sokol Peter Freeman (Competition Commission) explains The significance of economic evidence in competition cases.


Squeezing Price Squeeze Under EC Antitrust Law

Posted on October 28, 2009
Posted by D. Daniel Sokol Gianluca Faella, Cleary Gottlieb Steen & Hamilton, Luiss Guido Carli University and Roberto Pardolesi, Libera Università degli Studi Sociali (LUISS) Guido Carli explain Squeezing Price Squeeze Under EC Antitrust Law. ABSTRACT: Price squeeze abuses lie...


GCR 2010 Antitrust Review of the Americas

Posted on October 28, 2009
Posted by D. Daniel Sokol The Antitrust Review of the Americas 2010 Introduction Foreword Ilene Knable Gotts Chair of American Bar Association - Section of Antitrust International Competition Network Maria Coppola Tineo US Federal Trade Commission International International Leniency Agreements...


"Lost in Translation": Towards a Theory of Economic Transplants

Posted on October 28, 2009
Posted by D. Daniel Sokol Ioannis Lianos (UCL Law) has an interesting new piece called "Lost in Translation": Towards a Theory of Economic Transplants. ABSTRACT: The rise of economics as one of the main (some will advance the most important)...


Monopoly Broth Makes Bad Soup

Posted on October 27, 2009
Posted by D. Daniel Sokol Not surprising from a law professor who lives in the same town as foodie mecca Zingerman's, Dan Crane (Michigan - Law) explains that Monopoly Broth Makes Bad Soup. Personally, I am a fan of chicken...


Service Quality and Competition in the U.S. Down-hill Ski Industry

Posted on October 27, 2009
Posted by D. Daniel Sokol James G. Mulligan (Economics,University of Delaware) offers some thoughts on Service Quality and Competition in the U.S. Down-hill Ski Industry. ABSTRACT: This paper illustrates the importance of the role of land constraints in a model...


China?s Antimonopoly Law?One Year Down: Part 2. China?s new merger review regime

Posted on October 27, 2009
Posted by Wentong Zheng In my previous post on China?s Antimonopoly Law (?AML?) (see here), I provided a brief overview of the AML and the new developments that happened since the AML went into effect last year. Today I will...


The Slippery Slope of Addressing Collective Dominance Under Article 82 EC

Posted on October 27, 2009
Posted by D. Daniel Sokol Lia Vitzilaiou (Lambadarios Law Offices) & Constantinos Lambadarios (Lambadarios Law Offices) explain The Slippery Slope of Addressing Collective Dominance Under Article 82 EC. ABSTRACT: Article 82 EC Treaty is the instrument used by European and...


Merger Guidelines Online Symposium

Posted on October 27, 2009
Posted by D. Daniel Sokol You can get links to the entire online Truth on the Market Merger Guidelines Symposium here.


Convergence and Canada's New Merger Control Law

Posted on October 27, 2009
Posted by D. Daniel Sokol Steve Szentesi (IP & Competition Law Canada) explains Convergence and Canada's New Merger Control Law. ABSTRACT: As a result of sweeping amendments to the Act earlier this year, significant changes were made to Canada?s merger...


Charting the Future Course of International Technical Assistance

Posted on October 26, 2009
Posted by D. Daniel Sokol The DOJ/FTC Final Report on Charting the Future Course of International Technical Assistance, which is based on the February 6, 2008 Workshop is out. As some of you may know, I participated as panelist. See...


Collective Dominance Through Tacit Coordination: The Case for Non-Coordination Between Article 82 and Merger Control "Collective Dominance" Concept

Posted on October 26, 2009
Posted by D. Daniel Sokol Sophia Stephanou (OFT) describes Collective Dominance Through Tacit Coordination: The Case for Non-Coordination Between Article 82 and Merger Control "Collective Dominance" Concept. ABSTRACT: Intervention in oligopolistic markets or?to be more precise?oligopolistic markets in which firms...


AALS Entry Level Law Faculty Hiring

Posted on October 26, 2009
Posted by D. Daniel Sokol For those on the entry level academic law job market, I have some thoughts on the Faculty Lounge Blog on how to tell which schools seem to be puffing (at best) about their interdisciplinary commitment.


Bundling and Competition for Slots: Sequential Pricing

Posted on October 26, 2009
Posted by D. Daniel Sokol Doh-Shin Jeony (Toulouse School of Economics, Universitat Pompeu Fabra) and Domenico Menicucci (Università degli Studi di Firenze) write on Bundling and Competition for Slots: Sequential Pricing. ABSTRACT: In this paper we study, as in Jeon-Menicucci...


Free Entry Bertrand Competition

Posted on October 26, 2009
Posted by D. Daniel Sokol Prabal Roy Chowdhury (Indian Statistical Institute, Delhi Center) explains Free Entry Bertrand Competition. ABSTRACT: This paper examines Bertrand competition under free entry, when firm size vis-a-vis market size is exogenously given...


Preemption, Predation, and Minimum Quality Standards

Posted on October 26, 2009
Posted by D. Daniel Sokol Mina Baliamoune (University of North Florida - Econ) and Stefan Lutz (U. Manchester - Econ) write on Preemption, Predation, and Minimum Quality Standards. ABSTRACT: We present a model of vertical product differentiation and exit where...


Most Downloaded Antitrust Law Papers - August 25, 2009 to October 24, 2009

Posted on October 24, 2009
Posted by D. Daniel Sokol Rank Downloads Paper Title 1 247 Why the Google Books Settlement is Procompetitive Einer Elhauge, Harvard University - Harvard Law School, 2 224 Dynamic Competition in Antitrust Law J. Gregory Sidak, David Teece, Criterion Economics,...


GCR's 2009 Competition Law Review ? Recent developments in competition law and policy

Posted on October 24, 2009
Posted by D. Daniel Sokol GCR's 2009 Competition Law Review ? Recent developments in competition law and policy Monday 16 and Tuesday 17 November 2009, The Conrad Hotel, Brussels A unique opportunity to hear some of the most influential speakers...


Competition and Cooperation between Professional Sports Franchises: The Impact on Ticket Prices

Posted on October 23, 2009
Posted by D. Daniel Sokol Greg Pelnar (Compass Lexecon) explains Competition and Cooperation between Professional Sports Franchises: The Impact on Ticket Prices. ABSTRACT: An important issue in many antitrust lawsuits involving professional sports leagues and their member teams is the...


Collective Dominance to Coordinated Effects in EU Competition Policy

Posted on October 23, 2009
Posted by D. Daniel Sokol Juan Briones (e-Konomica) discusses Collective Dominance to Coordinated Effects in EU Competition Policy. ABSTRACT: Since the Commission first tackled the oligopoly issue under the Merger Regulation, there has been considerable development of the Commission's policy...


GCR 2010 European Antitrust Review

Posted on October 23, 2009
Posted by D. Daniel Sokol The Global Competition Review has published the comprehensive 2010 European Antitrust Review. Introduction Introduction Philip Lowe - Directorate General for Competition, European Commission EU Substantive Areas Cartels Julian Joshua, Elvira Aliende Rodríguez - Howrey LLP...


Repealing Insurers? Antitrust Exemption Under McCarran-Ferguson: Less There Than Meets the Eye?

Posted on October 22, 2009
Posted by D. Daniel Sokol Tim Greaney (St. Louis Law) has a posted a discussion on Repealing Insurers? Antitrust Exemption Under McCarran-Ferguson: Less There Than Meets the Eye?


Bundling and Competition for Slots: On the Portfolio Effects of Bundling

Posted on October 22, 2009
Posted by D. Daniel Sokol Doh-Shin Jeony (Toulouse School of Economics, Universitat Pompeu Fabra) and Domenico Menicucci (Università degli Studi di Firenze) explain Bundling and Competition for Slots: On the Portfolio Effects of Bundling. ABSTRACT: We consider competition among sellers...


The Doctrine of Collective Dominance: All Together Forever?

Posted on October 22, 2009
Posted by D. Daniel Sokol Frederic Depoortere (Skadden) & Giorgio Motta (Skadden) ask The Doctrine of Collective Dominance: All Together Forever? ABSTRACT: What are the policy objectives underlying the collective dominance (?CD?) doctrine under Article 82 of the EC Treaty...


Competition and Antitrust Policy in the Enlarged European Union - A Level Playing Field?

Posted on October 22, 2009
Posted by D. Daniel Sokol Jens Hölscher, University of Brighton and Johannes Florian Stephan, Technical University Freiberg address Competition and Antitrust Policy in the Enlarged European Union - A Level Playing Field? ABSTRACT: With the central and east European countries...


From Formalism to Effects? ? The Commission?s Communication on Enforcement Priorities in Applying Article 82 EC

Posted on October 22, 2009
Posted by D. Daniel Sokol Nicolas Petit (University of Liege - Law) addresses From Formalism to Effects? ? The Commission?s Communication on Enforcement Priorities in Applying Article 82 EC. ABSTRACT: The purpose of the present article is to offer thoughts...


It's the Market Power, Stupid! Stock Return Patterns in International Bank M&A

Posted on October 21, 2009
Posted by D. Daniel Sokol Yassin Hankir, Frankfurt School of Finance & Management - FIPEMA, Christian Rauch, E-Finance Lab, and Marc P. Umber, Frankfurt School of Finance & Management, Goethe University Frankfurt - Department of Finance explain It's the Market...


Competition Among the Big and the Small

Posted on October 21, 2009
Posted by D. Daniel Sokol Ken-Ichi Shimomura, Kobe University and Jacques-François Thisse, Catholic University of Louvain - Center for Operations Research and Econometrics explain Competition Among the Big and the Small. ABSTRACT: Armchair evidence shows that many industries are made...


Antitrust/Competition Professors - Separated at Birth

Posted on October 21, 2009
Posted by D. Daniel Sokol Back by popular demand. Fell free to suggest additional names. Arianna Andreangeli (Liverpool Law) and Eva Mendes Darren Bush (Houston Law) and Philip Seymour Hoffman Michael Carrier (Rutgers - Newark Law) and McLovin Dan Crane...


?Judging? Economists: Economic Expertise in Competition Law Litigation - A European View

Posted on October 21, 2009
Posted by D. Daniel Sokol Ioannis Lianos (UCL - Law) explains ?Judging? Economists: Economic Expertise in Competition Law Litigation - A European View. ABSTRACT: The study focuses on the admissibility and assessment of economic expertise in EC competition law litigation...


The Decision of the Commission of 13 May 2009 in the Intel Case: Where is the Foreclosure and Consumer Harm

Posted on October 21, 2009
Posted by D. Daniel Sokol Damien Geradin (Tilburg Law and Economics Center, Howrey) has an interesting new paper that asks, The Decision of the Commission of 13 May 2009 in the Intel Case: Where is the Foreclosure and Consumer Harm....


How to Measure the Deterrence Effects of Merger Policy: Frequency or Composition?

Posted on October 20, 2009
Posted by D. Daniel Sokol Pedro P. Barros, Universidade Nova de Lisboa, Joseph A. Clougherty, Wissenschaftszentrum Berlin für Sozialforschung (WZB), and Jo Seldeslachts, Wissenschaftszentrum Berlin für Sozialforschung (WZB) ask How to Measure the Deterrence Effects of Merger Policy: Frequency or...


Optimizing Private Antitrust Enforcement

Posted on October 20, 2009
Posted by D. Daniel Sokol Daniel A. Crane, University of Michigan Law School discusses Optimizing Private Antitrust Enforcement. ABSTRACT: Private litigation is the predominant means of antitrust enforcement in the United States. Other jurisdictions around the world are increasingly implementing...


Competitive E?ects of Vertical Integration with Downstream Oligopsony and Oligopoly

Posted on October 20, 2009
Posted by D. Daniel Sokol Simon Loertscher (University of Melbourne) and Markus Reisinger (University of Munich) address Competitive E?ects of Vertical Integration with Downstream Oligopsony and Oligopoly. ABSTRACT: We analyze the competitive e?ects of backward vertical integration by a partially...


Antitrust Hotch Potch is Back

Posted on October 20, 2009
Posted by D. Daniel Sokol Damien Geradin (Tilburg Law and Economics Center, College of Europe, Howrey) has resumed the Antitrust Hotch Potch blog.


Foreclosing Competition through Access Charges and Price Discrimination

Posted on October 20, 2009
Posted by D. Daniel Sokol Angel Lopez (IESE Business School) and Patrick Rey (Toulouse - Economics) address Foreclosing Competition through Access Charges and Price Discrimination. ABSTRACT: This article analyzes competition between two asymmetric networks, an incumbent and a new entrant...


Subsidizing Firm Entry in Open Economies

Posted on October 19, 2009
Posted by D. Daniel Sokol Michael P. Pflüger (University of Passau) and Jens Suedekum (University of Duisburg-Essen) address Subsidizing Firm Entry in Open Economies. ABSTRACT: Entrepreneurs who decide to enter an industry are faced with different levels of effective entry...


Technology, Competition and the Time of Entry: Diversification Patterns in the Development of New Drugs

Posted on October 19, 2009
Posted by D. Daniel Sokol Tatiana Plotnikova (Friedrich-Schiller-University Jena) focuses a new working paper on Technology, Competition and the Time of Entry: Diversification Patterns in the Development of New Drugs. ABSTRACT: This paper empirically investigates the determinants of R&D diversification...


On production costs in vertical differentiation models

Posted on October 19, 2009
Posted by D. Daniel Sokol Dorothée Brécard (LEMNA - Laboratoire d'économie et de management de Nantes Atlantique - Université de Nantes) has a new working paper On production costs in vertical differentiation models. ABSTRACT: In this paper, we analyse the...


Price Discrimination under Customer Recognition and Mergers

Posted on October 19, 2009
Posted by D. Daniel Sokol Rosa Branca Esteves (Universidade do Minho - NIPE) and Hélder Vasconcelos (Univ. Católica Portuguesa (CEGE) - CEPR) explain Price Discrimination under Customer Recognition and Mergers. ABSTRACT: This paper studies the interaction between horizontal mergers and...


2009 Antitrust Fall Forum

Posted on October 17, 2009
Posted by D. Daniel Sokol ABA Antitrust Section 2009 Antitrust Fall Forum November 12-13, 2009 National Press Club The ABA Antitrust Section's 2009 Fall Forum will bring together senior government enforcers, experienced practitioners and respected scholars to address some of...


Call for Papers - The Next Generation of Antitrust Scholarship Conference NYU School of Law, January 29, 2010

Posted on October 16, 2009
Posted by D. Daniel Sokol Call for Papers The Next Generation of Antitrust Scholarship Conference NYU School of Law January 29, 2010 Co-sponsored by NYU School of Law, American Association of Law Schools ? Antitrust and Trade Regulation Section and...


Bank Competition, Risk and Asset Allocations

Posted on October 16, 2009
Posted by D. Daniel Sokol John H. Boyd (Minnesota - Carlson School), Gianni De Nicolò (IMF) and Abu M. Jalal (Suffolk - Econ) explain Bank Competition, Risk and Asset Allocations. ABSTRACT: We study a banking model in which banks invest...


Intra-Industry Adjustment to Import Competition: Theory and Application to the German Clothing Industry

Posted on October 16, 2009
Posted by D. Daniel Sokol Horst Raff (Kiel Institute for the World Economy) and Joachim Wagner (Leuphana University Lüneburg) provide a nice case study of Intra-Industry Adjustment to Import Competition: Theory and Application to the German Clothing Industry...


Estimating the intensity of price and non-price competition in banking

Posted on October 16, 2009
Posted by D. Daniel Sokol Carbo Valverde (Universidad de Granada), Santiago Fernández de Guevara y Rodoselovics (Instituto Valenciano de Investigaciones Económicas), Juan David Humphrey (Florida State - Finance), and Joaquin Maudos (Universidad de Valencia) work on Estimating the intensity of...


Thank you readers

Posted on October 15, 2009
Posted by D. Daniel Sokol We made the list of the most read law prof blogs. Included on the list are blogs by law profs that are not really about law at all. Ours is.


Do research joint ventures serve a collusive function?

Posted on October 15, 2009
Posted by D. Daniel Sokol Michelle S. Goeree (University of Zurich and the University of Southern California) and Eric Helland (Claremont McKenna College and RAND) ask Do research joint ventures serve a collusive function? ABSTRACT: Every year thousands of firms...


Complementary Patents and Market Structure

Posted on October 15, 2009
Posted by D. Daniel Sokol Klaus Schmidt (University of Munich) provides his thoughts on Complementary Patents and Market Structure. ABSTRACT: Many high technology goods are based on standards that require several essential patents owned by different IP holders...


Wading Into Pandora?s Box: Thoughts On Unanswered Questions Concerning the Scope and Application of Section 2 & Some Further Observations on Section 5

Posted on October 15, 2009
Posted by D. Daniel Sokol Tom Rosch (FTC) describes Wading Into Pandora?s Box: Thoughts On Unanswered Questions Concerning the Scope and Application of Section 2 & Some Further Observations on Section 5.


Federal Trade Commission Enforcement of the Antitrust Laws

Posted on October 15, 2009
Posted by D. Daniel Sokol Jon Leibowitz (FTC) gave a speech at the Fordham antitrust conference on Federal Trade Commission Enforcement of the Antitrust Laws.


Striving for the Optimal Balance in Antitrust Enforcement : Single-Firm Conduct, Antitrust Remedies, and Procedural Fairness

Posted on October 14, 2009
Posted by D. Daniel Sokol Christine Varney recently gave a talk at the Council of Foreign Relations on Striving for the Optimal Balance in Antitrust Enforcement : Single-Firm Conduct, Antitrust Remedies, and Procedural Fairness.


Product Market Competition and Upstream Innovation: Theory and Evidence from the US Electricity Market Deregulation

Posted on October 14, 2009
Posted by D. Daniel Sokol Paroma Sanyal, Brandeis University - Department of Economics and Suman Ghosh, Florida Atlantic University - Department of Economics analyze Product Market Competition and Upstream Innovation: Theory and Evidence from the US Electricity Market Deregulation...


GCR's 2009 Competition Law Review: Recent developments in competition law and policy

Posted on October 14, 2009
Posted by D. Daniel Sokol 2009 Competition Law Review In-depth analysis and debate on recent developments in competition law and policy Monday 16 and Tuesday 17 November 2009, The Conrad Hotel, Brussels Chairmen: Peter Alexiadis, Partner, Gibson Dunn & Crutcher...


Antitrust Economics and Policy: Some Suggestions for Research Agendas

Posted on October 14, 2009
Posted by D. Daniel Sokol Michael Baye's (IU-Bloomington) keynote address on Antitrust Economics and Policy, Some Suggestions for Research Agendas delievered at the Searle Center of Northwestern Law School in September is worth watching. You can see the keynote video...


Resale Price Maintenance

Posted on October 13, 2009
Posted by D. Daniel Sokol The OECD has published a paper on Resale Price Maintenance. ABSTRACT: The term "resale price maintenance" refers to a practice in which suppliers and resellers come to an understanding that places restrictions on the prices....


The Concept of critical Loss Analysis for a Group of DIfferentiated Products

Posted on October 13, 2009
Posted by D. Daniel Sokol Adrien ten Kate and Gunnar Niels (Oxera) describe The Concept of critical Loss Analysis for a Group of DIfferentiated Products. ABSTRACT: In a recent article, Daljord, Sørgard, and Thomassen criticize Katz and Shapiro for applying...


Assessing the effects of a road surfacing cartel in Switzerland

Posted on October 13, 2009
Posted by D. Daniel Sokol Kai Hüschelrath (Department for Industrial Economics and International Management, ZEW Centre for European Economic Research; Assistant Professor for Industrial Organization and Competitive Strategy, WHU Otto Beisheim School of Management), Nina Leheyda (Department for Industrial Economics...


Competition Issues in Restructuring Ports and Railways, Including Brief Consideration of These Sectors in India

Posted on October 13, 2009
Posted by D. Daniel Sokol Russell W. Pittman, DOJ explains Competition Issues in Restructuring Ports and Railways, Including Brief Consideration of These Sectors in India. ABSTRACT: One important issue facing reformers considering the restructuring of the seaports and freight railways...


Dynamic Competition with Consumer Inertia

Posted on October 01, 2009
Posted by D. Daniel Sokol Erik Pot, János Flesch, Ronald Peeters, and Dries Vermeulen (all Maastricht University - Econ) describe Dynamic Competition with Consumer Inertia. ABSTRACT: We study a framework where two duopolists compete repeatedly in prices and where cho-sen...


Antitrust and Intellectual Property: Recent Developments in the Pharmaceuticals Sector

Posted on October 01, 2009
Posted by D. Daniel Sokol Aidan Synnott (Paul, Weiss) & William Michael (Paul, Weiss) express pessimism in government enforcement in their article Antitrust and Intellectual Property: Recent Developments in the Pharmaceuticals Sector. ABSTRACT: During his campaign for the Presidency, then-Senator...


Article 81 EC and Public Policy

Posted on September 30, 2009
Posted by D. Daniel Sokol Christopher Townley (King's College, London - Law) has a new book out in print Article 81 EC and Public Policy. This is an important contribution to Article 81 analysis. BOOK ABSTRACT: This book discusses the...


Upstream Horizontal Mergers and Efficiency Gains

Posted on September 30, 2009
Posted by D. Daniel Sokol Chrysovalantou Milliou, Athens University of Economics and Business and Apostolis Pavlou address Upstream Horizontal Mergers and Efficiency Gains. ABSTRACT: We study upstream horizontal mergers and their potential efficiency gains...


Reconciling the Opposing Views of Critical Elasticity

Posted on September 30, 2009
Posted by D. Daniel Sokol Michael Baumann (Economists Incorporated) & Paul Godek (Compass Lexecon) make an attempt at Reconciling the Opposing Views of Critical Elasticity. ABSTRACT: Market definition is the core of antitrust analysis, and the concepts of ?critical elasticity?...


Competition as a Socially Desirable Dilemma - Theory vs. Experimental Evidence

Posted on September 30, 2009
Posted by D. Daniel Sokol Christoph Engel, Max Planck Institute for Research on Collective Goods describes Competition as a Socially Desirable Dilemma - Theory vs. Experimental Evidence. ABSTRACT: Cartels are inherently instable. Each cartelist is best off if it breaks...


JTC Issues Cease and Desist Order Against Qualcomm

Posted on September 30, 2009
Posted by D. Daniel Sokol Available in English here.


Horizontal Anticompetitive Agreements

Posted on September 30, 2009
Posted by D. Daniel Sokol Javier Tapia, UCL Law writes on Horizontal Anticompetitive Agreements (Carácter Anticompetitivo de los Acuerdos Restrictivos de la Competencia). ABSTRACT: This work (written in Spanish) summarises the most important aspects of the international literature on cartels...


Identifying and Remedying Exclusionary Conduct: Microsoft, the DOJ Section 2 Report, and the New Administration

Posted on September 29, 2009
Posted by D. Daniel Sokol My colleague Bill Page has posted Identifying and Remedying Exclusionary Conduct: Microsoft, the DOJ Section 2 Report, and the New Administration. ABSTRACT: The Department of Justice?s Section 2 Report considered in great detail how courts...


Antitrust Federalism: Enhancing the Federal-State Relationship

Posted on September 29, 2009
Posted by D. Daniel Sokol Antitrust Federalism: Enhancing the Federal-State Relationship Wednesday, Oct. 7, 2009, 9 a.m. - 12:30 p.m. ?Antitrust Federalism: Enhancing the Federal-State Relationship,? a conference that will outline new measures the government is taking to strengthen its...


Administrative Monopoly and the Anti-Monopoly Law: An Examination Of the Debate in China

Posted on September 29, 2009
Posted by D. Daniel Sokol Gordon Y.M. Chan, Department of Law & Business, Hong Kong Shue Yan University analyzes Administrative Monopoly and the Anti-Monopoly Law: An Examination Of the Debate in China. ABSTRACT: After more than a decade of preparation,...


The Energy Antitrust Handbook, Second edition

Posted on September 29, 2009
Posted by D. Daniel Sokol The ABA has come out with the second edition of the Energy Antitrust Handbook. This Second edition of the Energy Antitrust Handbook presents a guide to an industry of increasing importance to the U.S. economy....


A Consumer-Welfare Approach to Network Neutrality Regulation of the Internet

Posted on September 29, 2009
Posted by D. Daniel Sokol Greg Sidak (Criterion Economics) has posted A Consumer-Welfare Approach to Network Neutrality Regulation of the Internet. ABSTRACT: On Sept. 21, 2009, the Federal Communications Commission announced that it will issue a formal notice of proposed...


Yom Kippur and Antitrust

Posted on September 27, 2009
Posted by D. Daniel Sokol Sundown tonight begins Yom Kippur, the holiest day of the year in the Jewish religion. I will not be blogging till tomorrow night as I spend this solemn 24 hour period fasting, repenting and atoning...


Call for Papers - Indian Journal of International Economic Law

Posted on September 26, 2009
Posted by D. Daniel Sokol The Indian Journal of International Economic Law (IJIEL) of the National Law School of India University (NLSIU) has posted a call for papers. Download WEB CALL LETTER


Meet the New Federal Trade Commission Bureau Directors

Posted on September 26, 2009
Posted by D. Daniel Sokol American Bar Association Section of Antitrust Law's Federal Civil Enforcement Committee Presents: Meet the New Federal Trade Commission Bureau Directors A Brown Bag Program to be held Thursday, October 8, 2009 12:00 p.m. - 1:30...


Why Airline Antitrust Immunity Benefits Consumers

Posted on September 25, 2009
Posted by D. Daniel Sokol Daniel Kasper & Darin Lee (LECG) explain Why Airline Antitrust Immunity Benefits Consumers. ABSTRACT: Any analysis of immunized airline alliances must begin by recognizing that, unlike most other global businesses, airlines are precluded by a...


Market Shares in Two-Sided Media Industries

Posted on September 25, 2009
Posted by D. Daniel Sokol Hans Jarle Kind, Norwegian School of Economics & Business Administration (NHH), and Frank Stähler, University of Otago - Department of Economics explain Market Shares in Two-Sided Media Industries. ABSTRACT: This paper generalizes the frequently used...


Long-Term Contracts and Competition on European Gas Markets - Has the Commission Struck the Right Balance

Posted on September 25, 2009
Posted by D. Daniel Sokol Aldo Spanjer, Leiden Law School asks Long-Term Contracts and Competition on European Gas Markets - Has the Commission Struck the Right Balance. ABSTRACT: This article examines whether the balance currently struck by the European Commission...


Carve-Outs Under Airline Antitrust Immunity: In the Public Interest?

Posted on September 24, 2009
Posted by D. Daniel Sokol Jan Brueckner (University of California, Irvine) & Stef Proost (KU Leuven, Brussels) address Carve-Outs Under Airline Antitrust Immunity: In the Public Interest? ABSTRACT: Prohibitions on cross-border airline mergers preclude full integration of U...


Reform and Competitive Selection in China: An Analysis of Firm Exits

Posted on September 24, 2009
Posted by D. Daniel Sokol Qing Gong Yang (New Zealand Commerce Commission) and Paul Temple (University of Surrey) write on Reform and Competitive Selection in China: An Analysis of Firm Exits. ABSTRACT: This paper considers aspects of the competitive selection...


The Impact of Firm Size and Market Size Asymmetries on National Mergers in a Three-Country Model

Posted on September 24, 2009
Posted by D. Daniel Sokol Luis Santos-Pinto (HEC - Business School) explains The Impact of Firm Size and Market Size Asymmetries on National Mergers in a Three-Country Model. ABSTRACT: This paper studies the impact of firm and market size asymmetries...


Our Progress Towards International Convergence

Posted on September 24, 2009
Posted by D. Daniel Sokol Christine Varney (DOJ) gave a recent speech on Our Progress Towards International Convergence at the Fordham conference.


The Price-Marginal Cost Markup and its Determinants in U.S. Manufacturing

Posted on September 24, 2009
Posted by D. Daniel Sokol Sandeep Mazumder (Wake Forest - Econ) explains The Price-Marginal Cost Markup and its Determinants in U.S. Manufacturing. ABSTRACT: This paper estimates the price-marginal cost markup for US manufacturing using a new methodology...


Final Descent? The Future of Antitrust Immunity in International Aviation

Posted on September 23, 2009
Posted by D. Daniel Sokol Benjamin Bradshaw (O'Melveny & Myers) & Bimal Patel (O'Melveny & Myers) ask, Final Descent? The Future of Antitrust Immunity in International Aviation. ABSTRACT: It is no secret that the Department of Justice (?DOJ?) and the...


Technical Standards Setting Organizations & Competition: A Case for Deference to Markets

Posted on September 23, 2009
Posted by D. Daniel Sokol IP specialist Raymond T. Nimmer (University of Houston - Law Center) has posted Technical Standards Setting Organizations & Competition: A Case for Deference to Markets. ABSTRACT: There exists a risk of standards-setting organizations (SSO's) becoming...


The Kroes Legacy Coming to a Close

Posted on September 23, 2009
Posted by D. Daniel Sokol Check out the following story in the NY Times about the last months of Kroes' tenure at the Commission in terms of case load with a global ramification including speculation of a Microsoft settlement.


The Kinked Demand Model and the Stability of Cooperation

Posted on September 23, 2009
Posted by D. Daniel Sokol Sergio Currarini (Department of Economics,Faculty of Economics, Università degli Studi di Venezia "Ca' Foscari") and Marco Marini (Dipartimento di Economia e Metodi Quantitativi, Università di Urbino) analyze The Kinked Demand Model and the Stability of...


Markets for Heterogeneous Products: a Boundedly Rational Consumer Model

Posted on September 23, 2009
Posted by D. Daniel Sokol Marco Valente (Economics - Università degli Studi dell'Aquila) has a new paper on Markets for Heterogeneous Products: a Boundedly Rational Consumer Model. ABSTRACT: The paper is based on the acknowledgement that properties of markets stemming...


Department of Justice and Federal Trade Commission to Hold Workshops Concerning Horizontal Merger Guidelines

Posted on September 22, 2009
Posted by D. Daniel Sokol The Department of Justice and the Federal Trade Commission (FTC) announced today that they will solicit public comment and hold joint public workshops to explore the possibility of updating the Horizontal Merger Guidelines that are...


Railroad Antitrust Reform?A Train to Nowhere?

Posted on September 22, 2009
Posted by D. Daniel Sokol Don Baker (Baker & Miller PLLC) & Bill Mullins (Baker & Miller PLLC) ask Railroad Antitrust Reform?A Train to Nowhere? ABSTRACT: There is an obvious déjà vu quality in today?s loudly promoted ?Railroad Antitrust Enforcement....


Bank Competition and Firm Growth in the Enlarged European Union

Posted on September 22, 2009
Posted by D. Daniel Sokol Gábor Pellényi (research fellow, ICEG European Center) and Tamás Borkó (research fellow, ICEG European Center) examine Bank Competition and Firm Growth in the Enlarged European Union. ABSTRACT:We examine the impact of bank competition and institutional...


Mixed Duopoly with Price Competition

Posted on September 22, 2009
Posted by D. Daniel Sokol Prabal Roy Chowdhury has written on Mixed Duopoly with Price Competition. ABSTRACT: This paper examines coalition-proof Nash equilibria (CPNE) of a mixed duopoly with price competition where the public firm meets all the demand coming...


Refusals to Deal

Posted on September 22, 2009
Posted by D. Daniel Sokol The OECD has published Refusals to Deal. ABSTRACT: The term ?refusal to deal? describes a situation in which one firm refuses to sell to another firm, or is willing to sell only at a price...


Varney on Merger Guidelines Workshops

Posted on September 22, 2009
Posted by D. Daniel Sokol Christine Varney (DOJ) explained the Merger Guidelines Workshops at today's Third Annual Georgetown Law Global Antitrust Enforcement Symposium.


Competition Come Full Circle? Pending Legislation to Repeal the U.S. Railroad Exemptions

Posted on September 21, 2009
Posted by D. Daniel Sokol Chris Sagers (Cleveland State Law) asks Competition Come Full Circle? Pending Legislation to Repeal the U.S. Railroad Exemptions. ABSTRACT: The single oldest and probably most convoluted story in American antitrust is its relationship with the...


Important Changes to Antitrust Litigation Course: Preparing and Trying an Antitrust Case

Posted on September 21, 2009
Posted by D. Daniel Sokol ABA SECTION OF ANTITRUST LAW Antitrust Litigation Course: Preparing and Trying an Antitrust Case Have You Registered? Important Change to Litigation Course: Trying a Merger Case As the Chinese proverb goes, ?we live in interesting...


Measurement of the Market Power of Firms: The Japanese Case in the 1990s

Posted on September 21, 2009
Posted by D. Daniel Sokol Kozo Kiyota, Yokohama National University - Faculty of Business Administration, Takanobu Nakajima, Keio University - Faculty of Business and Commerce, and Kiyohiko G. Nishimura address Measurement of the Market Power of Firms: The Japanese Case...


Collusion, competition and piracy

Posted on September 21, 2009
Posted by D. Daniel Sokol Francisco Martínez-Sánchez (Universidad de Alicante) offers his thoughts on Collusion, competition and piracy. ABSTRACT: In this paper we analyze firms' ability to tacitly collude on prices in an infinitely repeated duopoly game of vertical product...


Justice Department Submits Views on Proposed Google Book Search Settlement

Posted on September 21, 2009
Posted by D. Daniel Sokol Because of Rosh Hashana, I did not post on the biggest news of the weekend - the DOJ Antitrust Divisions submitted its views on the Google Book Search Settlement.


Relative Profitability of Dynamic Walrasian Strategies

Posted on September 21, 2009
Posted by D. Daniel Sokol Weihong Huang (Division of Economics,School of Humanities and Social Sciences, Nanyang Technological University, Singapore) writes on Relative Profitability of Dynamic Walrasian Strategies. ABSTRACT: The advantage of price-taking behavior in achieving relative profitability in oligopolistic quantity...


EC Decision Against Intel is Available

Posted on September 21, 2009
Posted by D. Daniel Sokol Here it is. I am under tight deadlines for overdue papers so I have not had time to read it.


The Law and Economics of the NCAA?s Claim to Monopsony Rights

Posted on September 18, 2009
Posted by D. Daniel Sokol Jeffrey Lynch Harrison, University of Florida - Fredric G. Levin College of Law and Casey C. Harrison, University of Florida have authored The Law and Economics of the NCAA?s Claim to Monopsony Rights. ABSTRACT: This...


Whole Foods Market and Wild Oats Merger

Posted on September 18, 2009
Posted by D. Daniel Sokol L. Jay Bourgeois, University of Virginia - Darden Graduate School of Business Administration has prepared a case study on the Whole Foods Market and Wild Oats Merger. ABSTRACT: Whole Foods and Wild Oats were both...


Price and quality in spatial competition

Posted on September 18, 2009
Posted by D. Daniel Sokol Kurt R. Brekke (Department of Economics and Helth Economics Bergen, Norwegian School of Economics and Business Administration), Luigi Siciliani (Department of Economics and Centre for Health Economics, University of York, Heslington), Odd Rune Straume (Universidade...


Quick - Somebody Call Amnesty International! Intel Says EU Antitrust Fine Violated Human Rights

Posted on September 18, 2009
Posted by D. Daniel Sokol Bob Lande (Baltimore - Law) opines in the EU Intel case with his piece Quick - Somebody Call Amnesty International! Intel Says EU Antitrust Fine Violated Human Rights. ABSTRACT: This articles discusses Intel's claim that...


The effectiveness of competition authorities: prioritization, market inquiries and impact

Posted on September 17, 2009
Posted by D. Daniel Sokol Competition Commission Chairman Peter Freeman recently gave a speech titled The effectiveness of competition authorities: prioritization, market inquiries and impact at the Third Annual Competition Commission, Competition Tribunal and Mandela Institute Conference on Competition Law,...


Criminalising Cartels - A Critical Interdisciplinary Workshop on an International Regulatory Movement

Posted on September 17, 2009
Posted by D. Daniel Sokol Criminalising Cartels - A Critical Interdisciplinary Workshop on an International Regulatory Movement Thursday 12 November 2009 Venue: Centre for Competition Law & Policy Organised by Centre for Competition Law & Policy The aim of the...


Rating the Competition Agencies: What Constitutes Good Performance?

Posted on September 17, 2009
Posted by D. Daniel Sokol Bill Kovacic (FTC) asks Rating the Competition Agencies: What Constitutes Good Performance? ABSTRACT: What is a good competition agency? Among competition policy specialists, this topic often emerges in casual conversation and scholarly debate...


Politics and the Pursuit of Efficiency in New Zealand

Posted on September 17, 2009
Posted by D. Daniel Sokol Bronwyn E. Howell, NZ Institute for the Study of Competition and Regulation Inc. and Victoria Management School, Victoria University of Wellington writes on Politics and the Pursuit of Efficiency in New Zealand. ABSTRACT: Economic analysis...


Cartels as Two-Stage Mechanisms: Implications for the Analysis of Dominant-Firm Conduct

Posted on September 17, 2009
Posted by D. Daniel Sokol Randal D. Heeb (Bates White), William E. Kovacic (FTC), Robert C. Marshall (Penn State Econ), and Leslie M. Marx (Duke - Fuqua) explain Cartels as Two-Stage Mechanisms: Implications for the Analysis of Dominant-Firm Conduct. Download...


New Directions in Antitrust Enforcement

Posted on September 16, 2009
Posted by D. Daniel Sokol New Directions in Antitrust Enforcement Washington, DC 22 September 2009 Hosted by NERA Economic Consulting The antitrust enforcers of the Obama administration have settled into their offices and antitrust practitioners are seeing green shoots of...


Mom-and-Pop Meet Big-Box: Complements or Substitutes?

Posted on September 16, 2009
Posted by D. Daniel Sokol John C. Haltiwanger (U Maryland Econ), Ron S. Jarmin (Census Bureau), C. J. Krizan (Census Bureau) explain Mom-and-Pop Meet Big-Box: Complements or Substitutes? ABSTRACT: In part due to the popular perception that Big-Boxes displace smaller,...


Second Annual Searle Center Research Symposium on Antitrust Economics and Competition Policy

Posted on September 16, 2009
Posted by D. Daniel Sokol Second Annual Searle Center Research Symposium on Antitrust Economics and Competition Policy Friday, September 25th - Saturday, September 26th The Second Annual Searle Center Research Symposium on Antitrust Economics and Competition Policy will be held,...


Competition and Innovation in the Microprocessor Industry: Does AMD spur Intel to innovate more?

Posted on September 16, 2009
Posted by D. Daniel Sokol Ronald Goettler University of Chicago and Brett Gordon Columbia University ponder Competition and Innovation in the Microprocessor Industry: Does AMD spur Intel to innovate more? ABSTRACT: We propose and estimate a model of dynamic oligopoly...


The Analysis of Market Dominance and Restrictive Practices Under German Antitrust Law in Light of EC Antitrust Law

Posted on September 15, 2009
Posted by D. Daniel Sokol Anca Daniela Chiri?? Europa-Institut, University of Saarland has a recent article on The Analysis of Market Dominance and Restrictive Practices Under German Antitrust Law in Light of EC Antitrust Law. ABSTRACT: This article analyses key...


Competition and Consumer Regulation for Australian Banks

Posted on September 15, 2009
Posted by D. Daniel Sokol Shyam Singh Bhati explains Competition and Consumer Regulation for Australian Banks. ABSTRACT: This paper provides an overview of the legal and regulatory framework that affects banks and financial institutions in Australia. As a first step,...


Competition Policy and Financial Crises Lessons Learned and the Way Forward

Posted on September 15, 2009
Posted by D. Daniel Sokol The Nordic competition authorities have published the interesting Competition Policy and Financial Crises Lessons Learned and the Way Forward. ABSTRACT: In their semi-annual meeting in Helsinki in March 2009, the Directors General of the Nordic...


Procedural Fairness

Posted on September 15, 2009
Posted by D. Daniel Sokol Christine Varney (DOJ) recently gave a speech on Procedural Fairness in Fiesole at the 13th Annual Competition Conference of the International Bar Association.


Success, Dominance, and Interoperability

Posted on September 14, 2009
Posted by D. Daniel Sokol Alan Devlin, Michael S. Jacobs, DePaul University - College of Law, and Bruno L. Peixoto, Brazilian Institute for Economic Analysis of Law explain Success, Dominance, and Interoperability. ABSTRACT: n September 2007, the European Court of...


Joseph Farrell Brownbag Discussion

Posted on September 14, 2009
Posted by D. Daniel Sokol Antitrust Section of the American Bar Association Economics Committee Presents a Brown Bag Panel Discussion with Joseph Farrell Director of the FTC?s Bureau of Economics Tuesday, September 29, 2009 12:00 to 1:30 PM EDT Recently...


Antitrust Litigation Course: Preparing and Trying an Antitrust Case Against the Government

Posted on September 14, 2009
Posted by D. Daniel Sokol Antitrust Litigation Course October 15-16, 2009 The Blackstone Hotel Chicago, IL Preparing and Trying an Antitrust Case Against the Government In the past few years, the government has challenged several mergers in court, and the...


Most Downloaded Antitrust Law Professors of the Past Year

Posted on September 14, 2009
Posted by D. Daniel Sokol Here is the list based on SSRN downloads within the past one year. I include only professors who have uploaded an antitrust work in the past year. 1. Mark Lemley, Stanford 10,577 2. Damien Geradin,...


Georgetown Law Global Antitrust Enforcement Symposium - 2009

Posted on September 12, 2009
Posted by D. Daniel Sokol Georgetown Law Global Antitrust Enforcement Symposium, Tuesday 22 September 2009 Global Antitrust Enforcement Symposium Cutting-edge issues in competition law and policy will be addressed in this forum for lawyers, policymakers, corporate executives and academics...


GCR's 2009 Competition Law Review

Posted on September 11, 2009
Posted by D. Daniel Sokol GCR's 2009 Competition Law Review Recent developments in Competition Law and Policy Monday 16 and Tuesday 17 November 2009, The Conrad Hotel, Brussels Excellent speakers, excellent value! Keynote speakers: Commissioner J. Thomas Rosch, Federal Trade...


Territory, Territoriality, and the Resolution of Jurisdictional Conflict

Posted on September 11, 2009
Posted by D. Daniel Sokol Hannah L. Buxbaum, Indiana University School of Law-Bloomington has a new piece article on Territory, Territoriality, and the Resolution of Jurisdictional Conflict. ABSTRACT: Ever-increasing gaps and overlaps in the national regulation of cross-border events challenge...


Penalty Clauses in Exclusive Contracts and Abuse of Dominant Position

Posted on September 11, 2009
Posted by D. Daniel Sokol Ignacio Marin Garcia, Universitat Pompeu Fabra and Carlos Alberto Ruiz García, Universitat Pompeu Fabra - Department of Law describe Penalty Clauses in Exclusive Contracts and Abuse of Dominant Position. ABSTRACT: This paper analyzes the Spanish...


Mobile Termination and Mobile Penetration

Posted on September 10, 2009
Posted by D. Daniel Sokol Sjaak Hurkens (IESE) and Doh-Shin Jeon (Universitat Pompeu Fabra) explain the dynamics of Mobile Termination and Mobile Penetration. ABSTRACT: In this paper, we study how access pricing affects network competition when subscription demand is elastic...


Signaling the Strength of a Market Entrant

Posted on September 10, 2009
Posted by D. Daniel Sokol Karel Janda (Charles University - Econ) provides us an understanding of Signaling the Strength of a Market Entrant. ABSTRACT: This article belongs to the game theoretic and information economics literature dealing with the problem of...


Chinese Anti-Monopoly Law Seminars

Posted on September 10, 2009
Posted by D. Daniel Sokol CPI presents: China Series: An Introduction to Anti-Monopoly Law presented by Martyn Huckerby (Mallesons Stephen Jaques) This seminar will provide a basic introduction to the Chinese legal framework and Chinese antitrust law...


Oligopsony Power in the Ukrainian Milk Processing Industry: Evidence from the Regional Markets for Raw Milk

Posted on September 10, 2009
Posted by D. Daniel Sokol Oleksandr Perekhozhuk, Michael Grings, and Thomas Glauben have written on Oligopsony Power in the Ukrainian Milk Processing Industry: Evidence from the Regional Markets for Raw Milk. ABSTRACT: Most of the studies based on the New...


Entry, Exit, and the Determinants of Market Structure

Posted on September 09, 2009
Posted by D. Daniel Sokol Timothy Dunne (University of Oklahoma), Shawn Klimek (U.S. Bureau of the Census), Mark Roberts (Pennsylvania State), and Daniel Yi Xu (NYU) explain Entry, Exit, and the Determinants of Market Structure. ABSTRACT: Market structure is determined...


Screening and Merger Activity

Posted on September 09, 2009
Posted by D. Daniel Sokol Albert Banal-Estanol (City University of London and Universitat Pompeu Fabra), Paul Heidhues (University of Bonn), Rainer Nitsche (European School of Management and Technology), and Jo Seldeslachts (University of Amsterdam and WZB) analyze Screening and Merger...


Credit Market Competition and the Nature of Firms

Posted on September 09, 2009
Posted by D. Daniel Sokol Nicola Cetorelli (Federal Reserve Bank of New York) has a working paper on Credit Market Competition and the Nature of Firms. ABSTRACT: Empirical studies show that competition in the credit markets has important effects on...


Trends in Regional Industrial Concentration in the United States

Posted on September 09, 2009
Posted by D. Daniel Sokol Joshua Drucker writes on Trends in Regional Industrial Concentration in the United States. ABSTRACT: In a seminal article, Benjamin Chinitz (1961) raises the question of the effects that industry size, structure, and economic diversification may...


Economic Analysis Group Antitrust Division, US Department of Justice Fall 2009 Seminar Schedule

Posted on September 09, 2009
Posted by D. Daniel Sokol Economic Analysis Group Antitrust Division, US Department of Justice Fall 2009 Seminar Schedule September 15 (Tues 2?3:30pm) Xavier Vives Navarra Strategic Supply Function Competition with Private Information October 6 (Tues 2?3:30pm) Leemore Dafny Northwestern Paying...


Judging? Economists: Economic Expertise in Competition Law Litigation - A European View

Posted on September 08, 2009
Posted by D. Daniel Sokol Ioannis Lianos of UCL Law has posted the very interesting Judging? Economists: Economic Expertise in Competition Law Litigation - A European View. ABSTRACT: The study focuses on the admissibility and assessment of economic expertise in...


Latin American Competition Law and Policy

Posted on September 08, 2009
Posted by D. Daniel Sokol Eleanor Fox (NYU - Law) and D. Daniel Sokol (University of Florida - Law, me) are editors of Latin American Competition Law and Policy. The book is an excellent collection of work from top academics...


IBA 13th Annual Competition Conference - Fiesole, Italy

Posted on September 08, 2009
Posted by D. Daniel Sokol Details for the program are available here.


Cross-shareholding in the Japanese Banking Sector, Tacit Collusion, and Market Power

Posted on September 08, 2009
Posted by D. Daniel Sokol Umed Temurshoev, University of Groningen - Faculty of Economics and Business and Stanislav Stakhovych discuss Cross-shareholding in the Japanese Banking Sector, Tacit Collusion, and Market Power. ABSTRACT:This paper modifies the well-known conjectural variation model of...


Government in Markets

Posted on September 08, 2009
Posted by D. Daniel Sokol John Fingleton (OFT) has a great new speech on Government in Markets.


Regulating Innovation: Competition Policy and Patent Law under Uncertainty

Posted on September 07, 2009
Posted by D. Daniel Sokol Geoffrey A. Manne, International Center for Law & Economics, Lewis & Clark Law School, LECG and Joshua D. Wright, George Mason University - School of Law have posted Regulating Innovation: Competition Policy and Patent Law...


Komninos to Greece

Posted on September 07, 2009
Posted by D. Daniel Sokol Academic/Practitioner Assimakis (Makis) Komninos is leaving private practice for a government position in Greece. Makis has been appointed a Commissioner, member of the board and president of chamber at the Hellenic Competition Commission...


2009 OECD/IADB Latin American Competition Forum

Posted on September 07, 2009
Posted by D. Daniel Sokol LATIN AMERICAN COMPETITION FORUM SEVENTH ANNUAL MEETING 9-10 September 2009 Santiago (Chile) Details are available here.


Price Squeezes and Vertical Discrimination on Next Generation Access Networks

Posted on September 07, 2009
Posted by D. Daniel Sokol Henry Ergas, Concept Economics, Emma Lanigan, Concept Economics, and Eric Kodjo Ralph, EKonomics LLC have written on Price Squeezes and Vertical Discrimination on Next Generation Access Networks. ABSTRACT: Next generation access networks (NGANs) are in...


Chinese Standard Setting

Posted on September 07, 2009
Posted by Paul Jones One of the major ar...


Welcome Guest Blogger Paul Jones

Posted on September 07, 2009
Posted by D. Daniel Sokol Paul Jones, a Canadian antitrust lawyer who has particular expertise on Chinese issues will guest blog for us to describe some recent Chinese developments.


Developments in Pakistan's Competition Law and Policy

Posted on September 05, 2009
Posted by D. Daniel Sokol According to news reports, Khalid Aziz Mirza is out from his job as chairman of the Competition Commission of Pakistan.


The Changing Business Model of Law Firms - With Thoughts on Antitrust Practices

Posted on September 04, 2009
Posted by D. Daniel Sokol With fewer offers emerging from US law firms and associate cuts still underway, is antitrust still a hot area area of practice? On the one hand, merger activity is down. On the other hand, there...


Intellectual Property and Standard Setting

Posted on September 04, 2009
Posted by D. Daniel Sokol Bruce H. Kobayashi and Joshua D. Wright (both of George Mason University Law School) discuss Intellectual Property and Standard Setting. ABSTRACT: This Chapter, forthcoming in the ABA Handbook on the Antitrust Aspects of Standards Setting...


Google and the Proper Antitrust Scrutiny of Orphan Books

Posted on September 04, 2009
Posted by D. Daniel Sokol Jerry A. Hausman, Massachusetts Institute of Technology (MIT) - Department of Economics, and J. Gregory Sidak, Tilburg University - Faculty of Law, Criterion Economics, L.L.C. analyze the major issues in Google and the Proper Antitrust...


Can the PRC?s New Anti-Monopoly Law Stop Monopolistic Activities: Let the PRC?s Telecommunications Industry Tell You the Answer

Posted on September 03, 2009
Posted by D. Daniel Sokol Grace Li, University of Technology, Sydney explores Can the PRC?s New Anti-Monopoly Law Stop Monopolistic Activities: Let the PRC?s Telecommunications Industry Tell You the Answer. ABSTRACT: A new PRC Anti-Monopoly Law (AML) was enacted on...


The Quest for Appropriate Remedies in the Microsoft Antitrust EU Cases: A Comparative Appraisal

Posted on September 03, 2009
Posted by D. Daniel Sokol Nic Economides (NYU - Stern School of Business) and Ioannis Lianos (UCL Law) have an interesting new piece on The Quest for Appropriate Remedies in the Microsoft Antitrust EU Cases: A Comparative Appraisal. ABSTRACT: The...


Screening and Merger Activity

Posted on September 03, 2009
Posted by D. Daniel Sokol Albert Banal-Estanol (City University of London); Paul Heidhues (University of Bonn); Rainer Nitsche (European School of Management and Technology); and Jo Seldeslachts (Wissenschaftszentrum Berlin) explain Screening and Merger Activity...


Firm entry, product repositioning and welfare

Posted on September 03, 2009
Posted by D. Daniel Sokol Eleftherios Zacharias (Athens University - Econ) has posted Firm entry, product repositioning and welfare. ABSTRACT: We show that the entry of a second firm in a horizontally differentiated market (ala Hotelling) may harm consumers as...


A Comparative Analysis of Antitrust Law Regimes: Designing Better Institutions for Deciding Antitrust Issues

Posted on September 02, 2009
Posted by D. Daniel Sokol It's still not too late to sign up and attend the ABA Antitrust Section Chicago Loyola Conference titled A Comparative Analysis of Antitrust Law Regimes: Designing Better Institutions for Deciding Antitrust Issues. The ABA Section...


Airline Market Power and Intertemporal Price Dispersion

Posted on September 02, 2009
Posted by D. Daniel Sokol Alberto A. Gaggero (University of Valle d'Aosta) and Claudio A. Piga (Dept of Economics, Loughborough University) discuss Airline Market Power and Intertemporal Price Dispersion. ABSTRACT: This paper analyzes the empirical relationship between market structure and...


Pros and Cons of 'Backing Winners' in Innovation Policy

Posted on September 02, 2009
Posted by D. Daniel Sokol Seung-gyu Jo, Vrije Universiteit Amsterdam discusses the Pros and Cons of 'Backing Winners' in Innovation Policy. ABSTRACT: In the economics profession there is a fierce debate whether industrial and innovation policy should be targeted to...


Vertical Restraints Guidelines of the European Commission in a Comparative Perspective Conference

Posted on September 02, 2009
Posted by D. Daniel Sokol University College London's (UCL) is pleased to invite you to a 2 day-Conference Vertical Restraints Guidelines of the European Commission in a Comparative Perspective Conference Tuesday 13 & Wednesday 14 October 2009 9:00 - 19:30...


Measuring the price responsiveness of gasoline demand

Posted on September 02, 2009
Posted by D. Daniel Sokol Richard Blundell (University College London-Econ), Joel Horowitz (Northwestern) and Matthias Parey (Institute for Fiscal Studies) have a paper on Measuring the price responsiveness of gasoline demand. ABSTRACT: This paper develops a new method for estimating...


Price and welfare effects of a pharmaceutical substitution reform

Posted on September 02, 2009
Posted by D. Daniel Sokol David Granlund (Department of Economics, Umeå University) explain Price and welfare effects of a pharmaceutical substitution reform. ABSTRACT: The price effects of the Swedish pharmaceutical substitution reform are analyzed using data for a panel of...


Do Markup Dynamics Reflect Fundamentals or Changes in Conduct?

Posted on September 01, 2009
Posted by D. Daniel Sokol Mikael Juselius, University of Helsinki - Department of Economics, Moshe Kim, Universitat Pompeu Fabra - Faculty of Economic and Business Sciences, University of Haifa - Department of Economics, and Staffan Ringbom, Swedish School of Economics...


Empirical analysis of buyer power

Posted on September 01, 2009
Posted by D. Daniel Sokol Walter Beckert (Birkbeck College, University of London - Econ) provides an Empirical analysis of buyer power. ABSTRACT: This paper provides a comprehensive econometric framework for the empirical analysis of buyer power. It encompasses the two...


Mobile Call Termination

Posted on September 01, 2009
Posted by D. Daniel Sokol Mark Armstrong, University College London - Department of Economics and Julian Wright, National University of Singapore - Department of Economics analyze Mobile Call Termination. ABSTRACT: We analyse charges levied by mobile telephone networks to deliver...


Mickey Mouse to Acquire Iron Man

Posted on September 01, 2009
Posted by D. Daniel Sokol Today's big news is that Disney has a deal to acquire Marvel. Expect more deals as others in the industry react. This should be fun for the enforcers as these are politically sensitive deals that...


An Administrable and Efficient Legal Standard for Refusals to Deal and Price Squeezes by an Unregulated, Vertically Integrated Monopolist

Posted on September 01, 2009
Posted by D. Daniel Sokol Steve Salop (Georgetown Law) has a very interesting piece, An Administrable and Efficient Legal Standard for Refusals to Deal and Price Squeezes by an Unregulated, Vertically Integrated Monopolist. ABSTRACT: This paper formulates a rigorous rule...


Limiting Anti-Competitive Government Interventions that Benefit Special Interests

Posted on August 31, 2009
Posted by D. Daniel Sokol D. Daniel Sokol of the University of Florida Levin College of Law (i.e., your blog editor) has a new working paper, Limiting Anti-Competitive Government Interventions that Benefit Special Interests. It is my last foray for...


Reformulating Antitrust Rules to Safeguard Societal Wealth

Posted on August 31, 2009
Posted by D. Daniel Sokol Alan Devlin, and Bruno L. Peixoto, Lanna Peixoto Advogados, The Brazilian Institute for Economic Analysis of Law have a paper on Reformulating Antitrust Rules to Safeguard Societal Wealth. ABSTRACT:Myopic application of the antitrust laws has...


Antitrust Divergence and the Limits of Economics

Posted on August 31, 2009
Posted by D. Daniel Sokol Alan Devlin and Michael S. Jacobs, DePaul University - College of Law have a forthcoming paper on Antitrust Divergence and the Limits of Economics. ABSTRACT: Few would question the primacy of economic analysis in the...


Divisionalization and Horizontal Mergers in a Vertical Relationship

Posted on August 31, 2009
Posted by D. Daniel Sokol Tomomichi Mizuno, Competition Policy Research Center - Japan Fair Trade Commission has a paper on Divisionalization and Horizontal Mergers in a Vertical Relationship. ABSTRACT: In this paper we evaluate the effects of horizontal mergers in...


Role of Economics in Competition Law

Posted on August 29, 2009
Posted by D. Daniel Sokol The UCL Jevons Institute is again running its popular masters level course on Role of Economics in Competition Law, starting in October 2009. This objective of this 13 week course (between October 2009 - March...


Against Positive Harmonization: The European Commission Proposal to Strengthen the Private Enforcement of Competition Law

Posted on August 28, 2009
Posted by D. Daniel Sokol Jesus Alfaro, AUTONOMA UNIVERSITY OF MADRID writes Against Positive Harmonization: The European Commission Proposal to Strengthen the Private Enforcement of Competition Law. ABSTRACT: This paper questions the advisability of a positive harmonization of Competition Law...


Swedish Competition - My Heroes!!!

Posted on August 28, 2009
Posted by D. Daniel Sokol As some of you know, I have a forthcoming article in the BYU Law Review titled "Competition Policy and Comparative Corporate Governance of State Owned Enterprises." I am very interested in government's role in anti-competitive...


The Map of Commerce: Internet Search, Competition, and the Circular Flow of. Information

Posted on August 28, 2009
Posted by D. Daniel Sokol Dan Spulber of Northwestern University Kellog School of Business has posted The Map of Commerce: Internet Search, Competition, and the Circular Flow of. Information. ABSTRACT: Search firms provide matchmaking services between consumers and suppliers that...


Barriers to Entry of a Vertically Integrated Health Insurer: An Analysis of Welfare and Entry Costs

Posted on August 28, 2009
Posted by D. Daniel Sokol Katherine Ho, Columbia University - Department of Economics, explains Barriers to Entry of a Vertically Integrated Health Insurer: An Analysis of Welfare and Entry Costs. ABSTRACT: I investigate the reasons why market expansion attempts by...


The European Union, the United States, and Microsoft: A Comparative Review of Antitrust Doctrine

Posted on August 27, 2009
Posted by D. Daniel Sokol Daniel J. Gifford (University of Minnesota - Law School) has written on The European Union, the United States, and Microsoft: A Comparative Review of Antitrust Doctrine. ABSTRACT: When a seller bundles together two products that...


Vertical Networks, Integration, and Connectivity

Posted on August 27, 2009
Posted by D. Daniel Sokol Pinar Do?an explains Vertical Networks, Integration, and Connectivity. ABSTRACT: This paper studies competition in a network industry with a stylized two layered network structure, and examines: (i) price and connectivity incentives of the upstream networks,...


Empirical Analysis of Competition between Wal-Mart and Other Retail Channels

Posted on August 27, 2009
Posted by D. Daniel Sokol Lesley Chiou, Occidental College - Department of Economics provides an Empirical Analysis of Competition between Wal-Mart and Other Retail Channels. ABSTRACT: This paper quantifies the degree of competition between Wal-Mart and different retail channels by...


Kartelpuffer

Posted on August 27, 2009
Posted by D. Daniel Sokol Brent Fisse (Melbourne Law) has a really funny piece for download called Kartelpuffer. ABSTRACT: An unusual dish ? the Kartelpuffer - was presented and swallowed at the Parliamentary Sittings in Canberra in June 2009. The...


Horizontal Anticompetitive Agreements

Posted on August 27, 2009
Posted by D. Daniel Sokol Javier Tapia, University College London - Faculty of Laws has a chapter on Horizontal Anticompetitive Agreements (Carácter Anticompetitivo de los Acuerdos Restrictivos de la Competencia). ABSTRACT: This work (written in Spanish) summarises the most important...


The Commission?s Review of the Rules applicable to Vertical Agreements

Posted on August 26, 2009
Posted by D. Daniel Sokol The Commission?s Review of the Rules applicable to Vertical Agreements Claude Rakovsky, Head of Unit, DG COMP Stephen Kinsella, Partner, Sidley Austin LLP 18 September 2009 ? Hilton Hotel, 38 Boulevard de Waterloo, Brussels Lunch...


An Evidence-Based Approach to Exclusive Dealing and Loyalty Discounts

Posted on August 26, 2009
Posted by D. Daniel Sokol Josh Wright of George Mason Law School advocates An Evidence-Based Approach to Exclusive Dealing and Loyalty Discounts. ABSTRACT: At the recent Section 2 hearings focused on the antitrust analysis of exclusive dealing contracts, a sensible...


France Télécom/Wanadoo Judgment: 'To Recoup or Not to Recoup? That 'Was' the Question for a Predatory Price Finding under Article 82 EC'

Posted on August 26, 2009
Posted by D. Daniel Sokol Alberto Alemanno, HEC Paris - Law Department and Marco Ramondino, discuss France Télécom/Wanadoo Judgment: 'To Recoup or Not to Recoup? That 'Was' the Question for a Predatory Price Finding under Article 82 EC'. ABSTRACT: The...


Criminal Cartels: Individual Liability and Sentencing

Posted on August 26, 2009
Posted by D. Daniel Sokol Caron Beaton-Wells and Brent Fisse (both University of Melbourne Law School) have posted Criminal Cartels: Individual Liability and Sentencing. ABSTRACT: The liability rules and sentencing system that will apply to individual offenders under Australia's new...


Competition Rules in the TRIPS Agreement: The CFI's Ruling in Microsoft v. Commission and Implications for Developing Countries

Posted on August 26, 2009
Posted by D. Daniel Sokol Tu T. Nguyen, Faculty of Law, Lund University addresses Competition Rules in the TRIPS Agreement: The CFI's Ruling in Microsoft v. Commission and Implications for Developing Countries. ABSTRACT: The ruling of the European Court of...


When Do Large Buyers Pay Less? Experimental Evidence

Posted on August 25, 2009
Posted by D. Daniel Sokol Brad Ruffle (Ben Gurion - Econ) asks and answers When Do Large Buyers Pay Less? Experimental Evidence. ABSTRACT: The rise in mega-retailers has contributed to a growing literature on buyer power and large-buyer discounts. According...


Competition Politics: A Political Economy of Antitrust Regulation in Developing Countries

Posted on August 25, 2009
Posted by D. Daniel Sokol Stephen J. Weymouth, University of California, San Diego (Political Science) has a new piece on Competition Politics: A Political Economy of Antitrust Regulation in Developing Countries. ABSTRACT: Many developing countries have established competition (antitrust) agencies...


Efficiencies in Merger Analysis: Alchemy in the Age of Empiricism?

Posted on August 25, 2009
Posted by D. Daniel Sokol Tim Greaney, Saint Louis University School of Law, explores Efficiencies in Merger Analysis: Alchemy in the Age of Empiricism? ABSTRACT: One is hard-pressed to find in law an undertaking more fraught with uncertainty than the...


Coverage of Retail Stores and Discrete Choice Models of Demand: Estimating Price Elasticities and Welfare Effects

Posted on August 25, 2009
Posted by D. Daniel Sokol Franco Mariuzzo (The Geary Institute University College Dublin) Patrick Paul Walsh (SPIRe and The Geary Institute University College Dublin) and Ciara Whelan (Univesity College Dublin) explain Coverage of Retail Stores and Discrete Choice Models of...


The Abuse of Dominant Position Under Romanian Antitrust Law in Light of European Antitrrust Law

Posted on August 24, 2009
Posted by D. Daniel Sokol Anca Daniela Chiri?? (University of Saarland, Europa-Institut) explains The Abuse of Dominant Position Under Romanian Antitrust Law in Light of European Antitrrust Law.


Bundling and Competition for Slots: Sequential Pricing

Posted on August 24, 2009
Posted by D. Daniel Sokol Doh-Shin Jeon (Toulouse School of Economics, Universitat Pompeu Fabra) and Domenico Menicucci (Università degli Studi di Firenze, Italy) explain Bundling and Competition for Slots: Sequential Pricing. ABSTRACT: In this paper we study, as in Jeon-Menicucci...


A Dynamic Oligopoly Game of the US Airline Industry: Estimation and Policy Experiments

Posted on August 24, 2009
Posted by D. Daniel Sokol Victor Aguirregabiria (University of Toronto - Econ) and Chun-Yu Ho (Georgia Institute of Technology - Econ) analyze A Dynamic Oligopoly Game of the US Airline Industry: Estimation and Policy Experiments. ABSTRACT: This paper studies the...


Assessing the Implications of Upstream Buyer Power on Downstream Consumers

Posted on August 24, 2009
Posted by D. Daniel Sokol For those who want an easy to follow overview of buyer power, James Mellsop (NERA) and Kevin Counsell (NERA) have a new short article on Assessing the Implications of Upstream Buyer Power on Downstream Consumers....


Windows 7 is Really Cool

Posted on August 24, 2009
Posted by D. Daniel Sokol This past weekend I tested out a version of Windows 7. I am not a tech geek. Overall, my experience as a "regular guy" user of Vista was ok. It worked fine but I didn't...


Getting Linkedin to Antitrust and Competition Issues

Posted on August 23, 2009
Posted by D. Daniel Sokol Ever wonder who the other readers of the blog are and your potential opportunities to network with them? I have created a Linkedin site for readers of the blog to network and post announcements on...


AAI Third Annual Invitational Symposium on the Future of Private Antitrust Enforcement

Posted on August 22, 2009
Posted by D. Daniel Sokol On December 8, 2009 the American Antitrust Institute will host its third annual Invitational Symposium on the Future of Private Antitrust Enforcement at the National Press Club in Washington D.C. This year, our program will....


Fingleton named "Business big shot of the week" by the Times

Posted on August 22, 2009
Posted by D. Daniel Sokol OFT head John Fingleton is the new Business big shot of the week. Well done.


Ultrabroadband Competition in Two-Sided Markets

Posted on August 21, 2009
Posted by D. Daniel Sokol Armando Calabrese, University of Rome I, Massimo Gastaldi, University of L'Aquila, Irene Iacovelli, University of Rome II, and Nathan Levialdi Ghiron, University of Rome II discuss Ultrabroadband Competition in Two-Sided Markets...


Searching for the Long-Lost Soul of Article 82EC

Posted on August 21, 2009
Posted by D. Daniel Sokol Pinar Akman (Centre for Competition Policy, University of East Anglia) is Searching for the Long-Lost Soul of Article 82EC. ABSTRACT:This article has two interrelated purposes, one of historical and one of contemporary significance...


Modern Industrial Economics and Competition Policy: Open Problems and Possible Limits

Posted on August 21, 2009
Posted by D. Daniel Sokol Oliver Budzinski (Environmental and Business Economics - University of Southern Denmark) explores Modern Industrial Economics and Competition Policy: Open Problems and Possible Limits. ABSTRACT: Naturally, competition policy is based on competition economics made applicable in...


Fines Against Hard Core Cartels in Europe: The Myth of Over Enforcement

Posted on August 20, 2009
Posted by D. Daniel Sokol Emmanuel Combe, Université Panthéon-Sorbonne (Paris 1) and Constance Monnier, Université Panthéon-Sorbonne (Paris 1) discuss Fines Against Hard Core Cartels in Europe: The Myth of Over Enforcement. ABSTRACT: Based on a sample of 64 cartels convicted...


Selective Distribution and Luxury Goods: The Challenge of the Internet?

Posted on August 20, 2009
Posted by D. Daniel Sokol Emily Clark, Mat Hughes, & Denis Waelbroeck (all Ashurst) address Selective Distribution and Luxury Goods: The Challenge of the Internet? ABSTRACT: On July 28, 2009 the European Commission published for consultation its proposals for a...


Hear No Evil, See No Evil: Why Antitrust Compliance Programmes May Be Ineffective at Preventing Cartels

Posted on August 20, 2009
Posted by D. Daniel Sokol Andreas Stephan of the University of East Anglia Centre for Competition Policy has an interesting paper on Hear No Evil, See No Evil: Why Antitrust Compliance Programmes May Be Ineffective at Preventing Cartels. ABSTRACT: Cartel...


An Agent Based Cournot Simulation with Innovation: Identifying the Determinants of Market Concentration

Posted on August 20, 2009
Posted by D. Daniel Sokol Tim Kochanski (Systems Science Program ? Department of Economics Portland State University) undertakes work in An Agent Based Cournot Simulation with Innovation: Identifying the Determinants of Market Concentration. ABSTRACT: In this paper, I develop a...


An Antitrust Assessment of the Google Book Search Settlement

Posted on August 19, 2009
Posted by D. Daniel Sokol Mark A. Lemley, Stanford Law School provides An Antitrust Assessment of the Google Book Search Settlement. The Google Book Search settlement has prompted a flurry of attention from commentators, including a number of respected scholars...


Cartel Facilitators Beware?AC Treuhand Spurs Competition Authorities into Action

Posted on August 19, 2009
Posted by D. Daniel Sokol Wilko van Weert (SJ Berwin) & Gordon Christian (SJ Berwin) write on Cartel Facilitators Beware?AC Treuhand Spurs Competition Authorities into Action. ABSTRACT: It is uncontroversial that undertakings that are active in a particular industry (e...


Antitrust Conference in Honor of Joseph Brodley

Posted on August 19, 2009
Posted by D. Daniel Sokol Antitrust Conference in Honor of Joseph Brodley Boston University September 18, 2009 (Friday) Professor Joe Brodley, after a long and distinguished career as an antitrust scholar, retired at the end of the Spring 2009 semester...


The Core of Antitrust and the Slow Death of Dr. Miles

Posted on August 19, 2009
Posted by D. Daniel Sokol Thomas C. Arthur, Emory University School of Law explains The Core of Antitrust and the Slow Death of Dr. Miles. ABSTRACT: In 1911 the Supreme Court held in Dr. Miles that all forms of resale...


It Ain?t Funny How Time Slips Away: Amnesty Recipient Cooperation in Civil Antitrust Litigation

Posted on August 19, 2009
Posted by D. Daniel Sokol Jay L. Himes (Labaton Sucharow) describes It Ain?t Funny How Time Slips Away: Amnesty Recipient Cooperation in Civil Antitrust Litigation. ABSTRACT: Five years ago, Congress enacted the Antitrust Criminal Penalty Enhancement and Reform Act of...


The Rule of Reason under Article 82 EC after Sot Lelos Kai Sia

Posted on August 18, 2009
Posted by D. Daniel Sokol Tu T. Nguyen, Faculty of Law, Lund University, Timo Minssen, and Xavier Groussot, explain The Rule of Reason under Article 82 EC after Sot Lelos Kai Sia. ABSTRACT: Using Sot. Lelos kai Sia as a...


Pharmaceutical Patent Settlements?A Presumption in Reverse

Posted on August 18, 2009
Posted by D. Daniel Sokol Kristina Nordlander (Sidley Austin) & Patrick Harrison (Sidley Austin) explain Pharmaceutical Patent Settlements?A Presumption in Reverse. ABSTRACT: On July 8, 2009, the European Commission?s Directorate General for Competition (?DG Comp?) issued the much-anticipated Final Report...


Pricing Practice in the Postal Industry: Current Approaches and Challenges Under Liberalization

Posted on August 18, 2009
Posted by D. Daniel Sokol Paul R. Kleindorfer, Wharton School, Paul Dubrule Professor of Sustainable Development & Distinguished Research Professor at INSEAD and Zoltan Szirmay, Roland Berger Strategy Consultants provide thoughts on Pricing Practice in the Postal Industry: Current Approaches...


Rules Versus Standards and the Antitrust Jurisprudence of Justice Breyer

Posted on August 18, 2009
Posted by D. Daniel Sokol Lee Greenfield (Wilmer) and Daniel Matheson (Wilmer) have a good short article on Rules Versus Standards and the Antitrust Jurisprudence of Justice Breyer. ABSTRACT: Stephen Breyer?s antitrust opinions have consistently focused on searching for the...


The Efficiency Paradox

Posted on August 17, 2009
Posted by D. Daniel Sokol Eleanor Fox (NYU Law) discusses The Efficiency Paradox. ABSTRACT: The article assumes arguendo that efficiency is the sole goal of antitrust. It then observes that how to achieve efficiency by applications of antitrust law is...


Exclusive Dealing, Market Shares and the Safe Harbour of Regulation 2790/1999 - Time for a Rethink?

Posted on August 17, 2009
Posted by D. Daniel Sokol Nicolas Petit, University of Liege Law and Marc Abenhaim ask Exclusive Dealing, Market Shares and the Safe Harbour of Regulation 2790/1999 - Time for a Rethink? ABSTRACT: The present paper discusses whether the market share....


The Australian Criminal Cartel Regime: A Model for New Zealand

Posted on August 17, 2009
Posted by D. Daniel Sokol Caron Beaton-Wells and Brent Fisse (both University of Melbourne Law School) have posted The Australian Criminal Cartel Regime: A Model for New Zealand. ABSTRACT: In January 2008 the Australia government released exposure draft materials relating...


Sustaining Cooperation with Joint Ventures

Posted on August 17, 2009
Posted by D. Daniel Sokol Russell Cooper, University of Texas at Austin - Department of Economics and Thomas W. Ross, University of British Columbia describe Sustaining Cooperation with Joint Ventures. ABSTRACT: Antitrust agencies and courts have expressed concerns that joint...


Coloquio ForoCompetencia

Posted on August 15, 2009
Posted by D. Daniel Sokol 4to. COLOQUIO FOROCOMPETENCIA Pilar, Buenos Aires - 16 de octubre de 2009 Programa 8:30 - 9:00 - Acreditación y desayuno. 9:00 - 9:10 - Palabras de bienvenida: Miguel del Pino, Miembro del Comité Organizador del...


Professor Ernst-Joachim Mestmäcker receives the Hayek Medal

Posted on August 15, 2009
Posted by D. Daniel Sokol From the press release: Prof. Ernst-Joachim Mestmäcker, Emeritus Director at the Max Planck Institute for Comparative and International Private Law, has been awarded the Friedrich August von Hayek Medal of the Hayek-Gesellschaft...


Antitrust Practitioner Survey

Posted on August 14, 2009
Posted by D. Daniel Sokol Last summer I created an online antitrust practitioner survey to gauge the current state of antitrust in a number of different substantive areas. The results that came back with 234 responses were interesting. Now that...


Quality of Care and Market Failure Defenses in Antitrust Health Care Litigation

Posted on August 14, 2009
Posted by D. Daniel Sokol Tim Greaney, Saint Louis University School of Law, explores Quality of Care and Market Failure Defenses in Antitrust Health Care Litigation. ABSTRACT: This article considers quality-based justifications for antitrust challenges to collaboration among health care...


Linked-In: Antitrust and the Virtues of a Virtual Network

Posted on August 14, 2009
Posted by D. Daniel Sokol Eleanor Fox (NYU Law) describes Linked-In: Antitrust and the Virtues of a Virtual Network. ABSTRACT: The International Competition Network is one of the several new transnational networks of specialized government officials. Unlike some others, this...


August 2009 Issue of Antitrust Source is Out

Posted on August 14, 2009
Posted by D. Daniel Sokol See here.


Collusion in markets with imperfect price information on both sides

Posted on August 13, 2009
Posted by D. Daniel Sokol Christian Schultz (Department of Economics, University of Copenhagen) analyzes Collusion in markets with imperfect price information on both sides. ABSTRACT: The paper considers tacit collusion in markets which are not fully transparent on both sides...


Strategic Vertical Pricing in the U.S. Butter Market

Posted on August 13, 2009
Posted by D. Daniel Sokol Kyle Stiegert (Wisconsin - Applied Economics) and Ying Du (Wisconsin - Applied Economics) examine Strategic Vertical Pricing in the U.S. Butter Market. ABSTRACT: This article develops a methodology for empirically analyzing vertically strategic interactions in...


Banking Deregulations, Financing Constraints and Firm Entry Size

Posted on August 13, 2009
Posted by D. Daniel Sokol William R. Kerr (Harvard Business School, Entrepreneurial Management Unit) and Ramana Nanda (Harvard Business School, Entrepreneurial Management Unit) examine Banking Deregulations, Financing Constraints and Firm Entry Size. ABSTRACT: We examine the effect of US branch...


Make vs Buy in a Monopoly with Demand or Cost Uncertainty

Posted on August 13, 2009
Posted by D. Daniel Sokol Luca Lambertini (Department of Economics, University of Bologna) decides between Make vs Buy in a Monopoly with Demand or Cost Uncertainty. ABSTRACT: The issue of technical progress under uncertainty is nested into the debate on...


Patent Disclosure and R&D Competition in Pharmaceuticals

Posted on August 12, 2009
Posted by D. Daniel Sokol Laura Magazzini (Department of Economics, University of Verona), Fabio Pammolli (University of Florence and IMT, Lucca), Massimo Riccaboni (DISA, University of Trento) and Maria Alessandra Rossi (CLEIS, University of Siena) explain Patent Disclosure and R&D...


An Analysis of Pricing in the U.S. Cotton Seed Market

Posted on August 12, 2009
Posted by D. Daniel Sokol Guanming Shi, Kyle Stiegert, and Jean Paul Chavas (all Wisconsin Applied Economics) provide An Analysis of Pricing in the U.S. Cotton Seed Market. ABSTRACT: The purpose of the research in this paper is to investigate...


Toward A Competition Policy Agenda for Agriculture Markets

Posted on August 12, 2009
Posted by D. Daniel Sokol Phil Weiser (DOJ) provides thoughts Toward A Competition Policy Agenda for Agriculture Markets in his latest speech.


When Should States Challenge Mergers: A Proposed Federal/State Balance

Posted on August 12, 2009
Posted by D. Daniel Sokol Bob Lande (Baltimore Law) analyzes When Should States Challenge Mergers: A Proposed Federal/State Balance. ABSTRACT: This article critically analyzes the current system of United States merger enforcement, under which both federal and State antitrust enforcers...


On Regulation and Competition: Pros and Cons of a Diversified Monopolist

Posted on August 11, 2009
Posted by D. Daniel Sokol Carlo Scarpa (University of Brescia - Econ) and Giacomo Calzolari (University of Bologna - Econ) think about On Regulation and Competition: Pros and Cons of a Diversified Monopolist. ABSTRACT: We study the regulation of a...


On Public Inefficiencies in a Mixed Duopoly

Posted on August 11, 2009
Posted by D. Daniel Sokol Giuseppe De Feo (Department of Economics, University of Strathclyde) and Carlo Capuano (Department of Economics, University of Naples Federico II, Complesso Universitario di Monte S.Angelo) provide thoughts On Public Inefficiencies in a Mixed Duopoly...


Suing the Suits ? Derivative Shareholder Actions to Bring Home the Message of Antitrust

Posted on August 11, 2009
Posted by D. Daniel Sokol Florian Wagner-von Papp (UCL Law) and Arad Reisberg (UCL Law) have an interesting new paper on Suing the Suits ? Derivative Shareholder Actions to Bring Home the Message of Antitrust. ABSTRACT: This article starts by...


Financial Regulation and the Current Crisis: A Guide for the Antitrust Community

Posted on August 11, 2009
Posted by D. Daniel Sokol Larry White of NYU's Department of Economics explains Financial Regulation and the Current Crisis: A Guide for the Antitrust Community. ABSTRACT: The U.S. financial crisis of 2007-2008 has been a searing experience. The popping of...


Modern Industrial Economics and Competition Policy: Open Problems and Possible Limits

Posted on August 10, 2009
Posted by D. Daniel Sokol Oliver Budzinski (Environmental and Business Economics - University of Southern Denmark) identifies Modern Industrial Economics and Competition Policy: Open Problems and Possible Limits. ABSTRACT: Naturally, competition policy is based on competition economics made applicable in...


The ACCC Merger Guidelines: A Review

Posted on August 10, 2009
Posted by D. Daniel Sokol Henry Ergas, Concept Economics, Eric Kodjo Ralph, EKonomics LLC, and Alex Robson, Concept Economics explain The ACCC Merger Guidelines: A Review. ABSTRACT: The Merger Guidelines released in March 2008 by the Australian Competition and Consumer...


Organization, Control and the Single Entity Defense in Antitrust

Posted on August 10, 2009
Posted by D. Daniel Sokol Dean Williamson (DOJ) analyzes Organization, Control and the Single Entity Defense in Antitrust. ABSTRACT: Since at least the 1930's economists have puzzled over how to delineate the boundaries of the firm. With the advent of...


"Are Commissioner Suspensions Really Any Different from Illegal Group Boycotts? Analyzing Whether the NFL Personal Conduct Policy Illegally Restrains Trade

Posted on August 10, 2009
Posted by D. Daniel Sokol Marc Edelman, Rutgers School of Law-Camden has posted Are Commissioner Suspensions Really Any Different from Illegal Group Boycotts? Analyzing Whether the NFL Personal Conduct Policy Illegally Restrains Trade. ABSTRACT: This Article explains why some courts...


European Commission Slammed for Intel Case Lapse

Posted on August 09, 2009
Posted by D. Daniel Sokol This is not good news regarding the rule of law. According to the Wall Street Journal, "The European Union's ombudsman issued a rare rebuke of the bloc's antitrust regulator, saying it failed to record 'potentially...


The Pharmaceutical Industry Antitrust Handbook

Posted on August 08, 2009
Posted by D. Daniel Sokol The Pharmaceutical Industry Antitrust Handbook BOOK ABSTRACT: With pharmaceuticals representing such an important part of the nation's economy and the health care sector, competition in the pharmaceutical industry is crucial to provide the best quality...


Regulatory Specialization, Judicial Discretion, and the Evolution of Legal Constraints on Anticompetitive Practices: An Empirical Analysis

Posted on August 07, 2009
Posted by D. Daniel Sokol Reza Rajabiun, York University provides thoughts on Regulatory Specialization, Judicial Discretion, and the Evolution of Legal Constraints on Anticompetitive Practices: An Empirical Analysis. ABSTRACT: The role of private enforcers in the implementation of laws against...


Chinese Merger Control: Patterns and Implications

Posted on August 07, 2009
Posted by D. Daniel Sokol Xinzhu Zhang, Chinese Academy of Social Sciences - Research Center for Regulation and Competition, and Vanessa Yanhua Zhang, LECG analyze Chinese Merger Control: Patterns and Implications. ABSTRACT: China?s Anti-Monopoly Law has been effective since August...


A Tale of the Google Book Settlement and the Public Interest: Conclusions On The Competitive Elements

Posted on August 07, 2009
Posted by D. Daniel Sokol ?A Tale of the Google Book Settlement and the Public Interest: Conclusions On The Competitive Elements? Tuesday, August 11, 2009 12:00 ? 2:00 pm The National Press Club, Washington, D.C. A debate is brewing over...


Modern Industrial Economics and Competition Policy: Open Problems and Possible Limits

Posted on August 07, 2009
Posted by D. Daniel Sokol Oliver Budzinski (Environmental and Business Economics - University of Southern Denmark) explores Modern Industrial Economics and Competition Policy: Open Problems and Possible Limits. ABSTRACT: Naturally, competition policy is based on competition economics made applicable in...


Are European Commission Fines Excessive?

Posted on August 07, 2009
Posted by D. Daniel Sokol Yes they are, according to a new paper by the International Chamber of Commerce.


Justice Department and USDA to Hold Public Workshops to Explore Competition Issues in the Agriculture Industry

Posted on August 06, 2009
Posted by D. Daniel Sokol According to the DOJ press release there will be a series of conferences. I hope that DOJ takes my previous advice and begins each panel by asking each panelist who has paid for their testimony....


Exclusive Dealing and Large Distributors

Posted on August 06, 2009
Posted by D. Daniel Sokol Ryoko Oki (Graduate School of Economics, University of Tokyo) and Noriyuki Yanagawa (Faculty of Economics, University of Tokyo) analyze Exclusive Dealing and Large Distributors. ABSTRACT: A seminal work by Fumagalli and Motta (2006) explored that...


First mover advantage in a dynamic duopoly with spillover

Posted on August 06, 2009
Posted by D. Daniel Sokol Gianluca Femminis (DISCE, Università Cattolica) and Gianmaria Martini (Università di Bergamo) explore First mover advantage in a dynamic duopoly with spillover. ABSTRACT: We present a dynamic duopoly model of technical innovation where R&D costs decrease...


Remove "Interim" From the Title - Aitken Gets 5 Year Appointment

Posted on August 06, 2009
Posted by D. Daniel Sokol In a well deserved promotion, Melanie Aitken has been appointed for a five year term to head Canada's Competition Bureau.


Complementing Substitutes: Bundling, Compatibility, and Entry

Posted on August 06, 2009
Posted by D. Daniel Sokol Emanuela Carbonara, University of Bologna - Department of Economics, Giuseppe Dari-Mattiacci, University of Amsterdam - Amsterdam Center for Law and Economics (ACLE), Francesco Parisi, University of Minnesota - Law School, and Matteo Alvisi, University of...


Access v. Efficiency: Reflections on the Consequences of Twombly and Iqbal

Posted on August 06, 2009
Posted by D. Daniel Sokol Arthur R. Miller (NYU Law) explores Access v. Efficiency: Reflections on the Consequences of Twombly and Iqbal. ABSTRACT: In Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, the Supreme Court discarded a half century?s....


Cases In European Competition Policy, The Economic Analysis

Posted on August 05, 2009
Posted by D. Daniel Sokol Coming out soon an edited volume by Bruce Lyons (East Anglia) on Cases In European Competition Policy, The Economic Analysis. BOOK ABSTRACT: Competition between firms is usually the most effective way of delivering economic efficiency...


Cournot Competition on a Network of Markets and Firms

Posted on August 05, 2009
Posted by D. Daniel Sokol Rahmi Ilkiliç (Maastricht University) has written on Cournot Competition on a Network of Markets and Firms. ABSTRACT: Suppose markets and firms are connected in a bi-partite network, where firms can only supply to the markets...


On cost restrictions in spatial competition models with heterogeneous firms

Posted on August 05, 2009
Posted by D. Daniel Sokol Marco Alderighi (Econ - University of Valle d'Aost) and Claudio A. Piga (Econ - Loughborough University) provide thoughts On cost restrictions in spatial competition models with heterogeneous firms. ABSTRACT: This paper investigates the properties of...


It Has Arrived!

Posted on August 05, 2009
Posted by D. Daniel Sokol I have word from the publisher that my edited book is now out in print. Eleanor Fox (NYU - Law) and Daniel Sokol (University of Florida - Law, me) are editors of Latin American Competition...


The Competition Policy in China: Past, Present and Future

Posted on August 04, 2009
Posted by D. Daniel Sokol Wu Hanhong of Renmin University's School of Economics explores The Competition Policy in China: Past, Present and Future. ABSTRACT: The fundamental and in?depth change in the economic system has been the transition from a planning...


Downstream merger and welfare in a bilateral oligopoly

Posted on August 04, 2009
Posted by D. Daniel Sokol George Symeonidis (University of Essex - Economics) writes on Downstream merger and welfare in a bilateral oligopoly. ABSTRACT: I analyse the effects of a downstream merger in a differentiated oligopoly when there is bargaining between...


Competition And Access Regulation In The Telecommunications Industry With Multiple Networks

Posted on August 04, 2009
Posted by D. Daniel Sokol Yan Liu and GuangâZhen Sun (Monash - Econ) explore Competition And Access Regulation In The Telecommunications Industry With Multiple Networks. ABSTRACT: We develop a framework, extending the conventional duopoly model by replacing the Hotelling line...


Ashcroft v. Iqbal: Taking Twombly a Step Further

Posted on August 04, 2009
Posted by D. Daniel Sokol Caroline Mitchell & David Wallach (Jones Day) explain Ashcroft v. Iqbal: Taking Twombly a Step Further. ABSTRACT: On May 18, 2009, in a 5-to-4 decision, the Supreme Court decided Ashcroft v. Iqbal and continued a...


Spatial Differentiation and Vertical Contracts in Retail Markets for Gasoline

Posted on August 03, 2009
Posted by D. Daniel Sokol Jean-francois Houde, University of Wisconsin - Madison - Department of Economics analyzes Spatial Differentiation and Vertical Contracts in Retail Markets for Gasoline. ABSTRACT: This paper studies an empirical model of spatial competition and evaluates the...


Forks in the Road: Challenges Facing the ACCC's Immunity Policy for Cartel Conduct (Part 2)

Posted on August 03, 2009
Posted by D. Daniel Sokol Caron Beaton-Wells (University of Melbourne Law School) has posted the follow up Forks in the Road: Challenges Facing the ACCC's Immunity Policy for Cartel Conduct (Part 2). ABSTRACT: For the ACCC there are "forks in...


Beyond 'Essential Facilities': Innovation, Intellectual Property and Competition Policy Across the Atlantic

Posted on August 03, 2009
Posted by D. Daniel Sokol Ariel Katz (Toronto - Law) explores Beyond 'Essential Facilities': Innovation, Intellectual Property and Competition Policy Across the Atlantic. ABSTRACT: In September 2007, the Court of First Instance (CFI) affirmed the European Commission's 2004 decision finding...


Competition Laws and Policies in China and Hong Kong: A Tale of Two Regulatory Journeys

Posted on August 03, 2009
Posted by D. Daniel Sokol Grace Li, University of Technology, Sydney and Angus Young, University of Technology, Sydney have published Competition Laws and Policies in China and Hong Kong: A Tale of Two Regulatory Journeys. ABSTRACT: Competition law is generally...


Canada's Draft Abuse of Dominance Guidelines: A Comparative Look

Posted on August 01, 2009
Posted by D. Daniel Sokol Lilla Csorgo, Competition Bureau, Canada explains Canada's Draft Abuse of Dominance Guidelines: A Comparative Look. ABSTRACT: The last year has been ripe with antitrust authorities issuing (and withdrawing) guidance on their approach to evaluating practices...


Who Are You Calling Irrational? Marginal Costs, Variable Costs, and the Pricing Practices of Firms

Posted on July 31, 2009
Posted by D. Daniel Sokol Russ Pittman (DOJ) asks and explains, Who Are You Calling Irrational? Marginal Costs, Variable Costs, and the Pricing Practices of Firms. ABSTRACT: Economists sometimes decry the persistence with which firms set prices above marginal cost...


A Proceduralist?s Perspective on Court Access After Twombly

Posted on July 31, 2009
Posted by D. Daniel Sokol Robert Bone (Boston University School of Law) explains A Proceduralist?s Perspective on Court Access After Twombly. ABSTRACT: Many judges, lawyers, and academics worry that the federal courts are in serious trouble, plagued by high litigation...


Call for Papers - Milan September 15-16 2009 Conference

Posted on July 31, 2009
Posted by D. Daniel Sokol The Department of Economics of the University of Milan and INTERTIC organize the International Conference on Competition Policy and Property Rights, with the III STACKELBERG LECTURE by: Prof Sir John VICKERS (Oxford University) on "Competition...


Assessing the Quality of Competition Policy: The Case of Horizontal Merger Enforcement

Posted on July 31, 2009
Posted by D. Daniel Sokol Bill Kovacic (FTC Commissioner) has written the new and interesting Assessing the Quality of Competition Policy: The Case of Horizontal Merger Enforcement. I read it yesterday and encourage everyone to do the same. Download Kovacic...


Forks in the Road: Challenges Facing the ACCC's Immunity Policy for Cartel Conduct (Part 1)

Posted on July 31, 2009
Posted by D. Daniel Sokol Caron Beaton-Wells (University of Melbourne Law School) has posted Forks in the Road: Challenges Facing the ACCC's Immunity Policy for Cartel Conduct (Part 1). ABSTRACT: For the ACCC there are ?forks in the road? in...


Hospital Markets and the Effect of Competition on Quality

Posted on July 31, 2009
Posted by D. Daniel Sokol Alfons Palangkaraya (Melbourne Institute of Applied Economic and Social Research, University of Melbourne) and Jongsay Yong (Melbourne Institute of Applied Economic and Social Research, University of Melbourne) analyze Hospital Markets and the Effect of Competition...


Does Competition Among Medicare Advantage Plans Matter?: An Empirical Analysis of the Effects of Local Competition in a Regulated Environment

Posted on July 30, 2009
Posted by D. Daniel Sokol Abe Dunn (DOJ) asks, Does Competition Among Medicare Advantage Plans Matter?: An Empirical Analysis of the Effects of Local Competition in a Regulated Environment. ABSTRACT: The regulatory oversight of the private Medicare Advantage (MA) program...


Federal Statutory Exemptions from Antitrust Law

Posted on July 30, 2009
Posted by D. Daniel Sokol Federal Statutory Exemptions from Antitrust Law Currently more than twenty statutory antitrust exemptions exist, scattered throughout the U.S. Code, which touch upon widely differing aspects of commerce. Now, for the first time, this monograph comprehensively...


When Low is No Good: Predatory Pricing and the History of Antitrust Economics (Part I)

Posted on July 30, 2009
Posted by D. Daniel Sokol Nicola Giocoli of the Department of Economics, University of Pisa has a piece on When Low is No Good: Predatory Pricing and the History of Antitrust Economics (Part I). ABSTRACT: The history of predatory pricing...


Vertical Restraints Conference This September in Brussels

Posted on July 30, 2009
Posted by D. Daniel Sokol Download FEB-IEJE 2nd Competition Day - Vertical Restraints and Distribution Agreements - 30 September 2009 PROGRAMME 08:30 ? 09:00 Registration & Welcome Coffee 09:00 ? 09:10 Introductory Remarks Charles GHEUR Advisor, FEB Nicolas PETIT University...


Can the State Infringe the Competition Laws When Sourcing Goods or Hiring Services in the Market?

Posted on July 30, 2009
Posted by D. Daniel Sokol Francisco Marcos of Instituto de Empresa Business School (and a judge of the Tribunal de Defensa de la Competencia de la Comunidad de Madrid) asks Can the State Infringe the Competition Laws When Sourcing Goods...


"The Need to Close the 'Take Advantage' Gap in the Regulation of Unilateral Anti-Competitive Conduct

Posted on July 30, 2009
Posted by D. Daniel Sokol Arlen Duke, Melbourne Law School writes on The Need to Close the 'Take Advantage' Gap in the Regulation of Unilateral Anti-Competitive Conduct. ABSTRACT: This article proposes that s 46 of the Trade Practices Act be...


Imperfect Quality Information in a Quality-Competitive Hospital Market

Posted on July 29, 2009
Posted by D. Daniel Sokol Hugh Gravelle (National Primary Care Research and Development Centre, Centre for Health Economics, University of York) and Peter Sivey (Melbourne Institute of Applied Economic and Social Research, The University of Melbourne) investigate Imperfect Quality Information...


Twombly, After Two Years: The Procedural Revolution in Antitrust That Wasn?t

Posted on July 29, 2009
Posted by D. Daniel Sokol Richard Epstein (U. Chicago Law and the man who taught me Contracts) explains Twombly, After Two Years: The Procedural Revolution in Antitrust That Wasn?t. ABSTRACT: Without question, Bell Atlantic v. Twombly ranks as one of...


Why Prices Rise Faster Than They Fall

Posted on July 29, 2009
Posted by D. Daniel Sokol Sheldon Kimmel (DOJ) answers Why Prices Rise Faster Than They Fall . ABSTRACT: For decades the fact that input price hikes are passed on faster than input price cuts was thought to be well explained...


The Noerr-Pennington Doctrine

Posted on July 29, 2009
Posted by D. Daniel Sokol The Noerr-Pennington Doctrine Another in the ABA Section of Antitrust Law Monograph series, this book focuses on public policy issues that arise from the antitrust treatment of efforts to petition government or influence government toward...


Microsoft - Yahoo Search Deal

Posted on July 29, 2009
Posted by D. Daniel Sokol By now everyone has heard about the Microsoft-Yahoo 10 year search partnership. This looks like a very good strategic move for both companies, which face the Google juggernaut. One web site worth visiting that provides...


The Economics of Antitrust Class Certification

Posted on July 29, 2009
Posted by D. Daniel Sokol Paul A. Johnson, Bates White, LLC explains The Economics of Antitrust Class Certification. ABSTRACT: With recent changes in case law requiring district courts to make deeper inquiries at the class certification stage, a systematic treatment...


Competition in the Postal Sector

Posted on July 29, 2009
Posted by D. Daniel Sokol One of my pet issues is competition in the postal sector. I have a forthcoming article in the BYU Law Review that looks at comparative corporate governance and competition policy of state owned enterprises. I...


Designing Competition in Health Care Markets

Posted on July 28, 2009
Posted by D. Daniel Sokol Dag Morten Dalen (BI Norwegian School of Management), Espen R Moen (BI Norwegian School of Management), and Christian Riis (BI Norwegian School of Management) go through the process of Designing Competition in Health Care Markets...


A Fundamental Power Price Model with Oligopolistic Competition Representation

Posted on July 28, 2009
Posted by D. Daniel Sokol Miguel Vazquez, Universidad Pontificia Comillas and Julian Barquan, Pontifical University Comillas of Madrid describe A Fundamental Power Price Model with Oligopolistic Competition Representation. ABSTRACT: Most popular approaches for modeling electricity prices rely at present on...


The Overcharge as a Measure for Antitrust Damages

Posted on July 28, 2009
Posted by D. Daniel Sokol Martijn A. Han, University of Amsterdam - Amsterdam Center for Law & Economics, Maarten Pieter Schinkel, University of Amsterdam - Amsterdam Center for Law & Economics, and Jan Tuinstra, University of Amsterdam - Department of...


Buyer Groups and Buyer Power: The Effect on Outsiders

Posted on July 28, 2009
Posted by D. Daniel Sokol Stephen P. King, Faculty of Business and Economics, Monash University addresses Buyer Groups and Buyer Power: The Effect on Outsiders. ABSTRACT: A buyer group is a subset of downstream firms that pool their demand for...


Review of the competition rules applicable to vertical agreements

Posted on July 28, 2009
Posted by D. Daniel Sokol The European Commission has asked for comments on vertical restraints. From the press release: The current Block Exemption Regulation on vertical restraints expires in May 2010. When the currently applicable Regulation and its associated Guidelines...


Aims of Antitrust, Prohibition of Restrictive Agreements and Exemptions

Posted on July 27, 2009
Posted by D. Daniel Sokol Hina Sarfaraz, University Institute of European Studies, discusses Aims of Antitrust, Prohibition of Restrictive Agreements and Exemptions. ABSTRACT: Aims of antitrust law, its sources and main purpose in the European Union are essential to understand...


The N-Effect: More Competitors, Less Competition

Posted on July 27, 2009
Posted by D. Daniel Sokol Stephen M. Garcia (University of Michigan - Ross School of Business) and Avishalom Tor (University of Haifa - Faculty of Law) explore The N-Effect: More Competitors, Less Competition. The paper makes a provocative claim, relying...


Antitrust Gets Worse for Qualcomm in Asia

Posted on July 27, 2009
Posted by D. Daniel Sokol Things looked bad for Qualcomm last week with the KFTC fined Qualcomm US$208 million for Korean antitrust violations. This week things got worse for the San Diego based company as the Japanese JFTC has ordered...


Hospital Competition, Technical Efficiency, and Quality

Posted on July 27, 2009
Posted by D. Daniel Sokol C. L. Chua; Alfons Palangkaraya; Jongsay Yong (all Melbourne Institute of Applied Economic and Social Research, University of Melbourne) address Hospital Competition, Technical Efficiency, and Quality. ABSTRACT: This paper studies the link between competition and...


New Revisions to the Chilean Competition Law

Posted on July 27, 2009
Posted by D. Daniel Sokol One hot topic in Chile while I was teaching are the new revisions to the Chilean Competition law. The most important new feature has been the introduction of leniency for cartels.


State Antitrust Practice and Statutes (Fourth)

Posted on July 27, 2009
Posted by D. Daniel Sokol State Antitrust Practice and Statutes (Fourth) The Fourth Edition of this three-volume treatise concisely sets forth the substantive civil and criminal antitrust case law, procedure, practice, and statutes for each of the 50 states, the...


Bill Gates Quits Facebook

Posted on July 26, 2009
Posted by D. Daniel Sokol A news article reports that Bill Gates quit Facebook because he had too many friends. Alas, none worked for the European Commission.


Chinese Merger Statistics Now Available

Posted on July 26, 2009
Posted by D. Daniel Sokol MOFCOM posted a brief note regarding merger review statistics. From implementation to the end of June 2009 MOFCOM had received 58 pre-merger notifications. Of these work on 48 has been completed with 43 of them...


The Handbook of Competition Economics 2009 Edition is Out

Posted on July 25, 2009
Posted by D. Daniel Sokol The Global Competition Review has published The Handbook of Competition Economics 2009 Edition. Introduction Foreword Introduction Amelia Fletcher - Office of Fair Trading Overviews Abuse of Dominance Tom Carney, Sinead O'Loghlin - Dillon Eustace Solicitors...


Is Antitrust Enforcement Creating Rifts in the Obama Administration?

Posted on July 25, 2009
Posted by D. Daniel Sokol The New York Times has a story that reports that enforcement by antitrust enforcers has met with resistance by others in the administration.


The State of Single-Firm Conduct Policy

Posted on July 24, 2009
Posted by D. Daniel Sokol The US Chamber has published The State of Single-Firm Conduct Policy. ABSTRACT: On May 11th, Assistant Attorney General Christine Varney withdrew the Section 2 Report (?Report?) that the previous Administration had issued September 8, 2008...


Best Looking Antitrust Agency Head

Posted on July 24, 2009
Posted by D. Daniel Sokol I have just returned from Chile earlier today. One issue that came up quite a bit is how many people in the antitrust community are proud of the Fiscalia Nacional Económica not merely for its...


Antitrust and the Google Books Settlement: The Problem of Simultaneity

Posted on July 23, 2009
Posted by D. Daniel Sokol Former 2009 Swope Prize winner Eric Fraser has posted Antitrust and the Google Books Settlement: The Problem of Simultaneity. ABSTRACT: Google Books represents the latest attempt at the centuries-old goal to build a universal library...


Competition in the Health Care Marketplace

Posted on July 23, 2009
Posted by D. Daniel Sokol Tim Greaney (St. Louis Law) provided a statement for the Senate hearing on Health Care titled Competition in the Health Care Marketplace. TESTIMONY ABSTRACT: I will first review the federal antitrust enforcement record regarding hospitals,...


Trustbusters

Posted on July 22, 2009
Posted by D. Daniel Sokol Fred Jenny (OECD, ESSEC, Cour de Cassation) and David Evans (LECG, UCL, University of Chicago) are authors of Trustbusters?Competition Policy Authorities Speak Out. Competition policy (antitrust in the United States) has grown explosively in the...


Co-operation between National Competition Agencies in the Enforcement of EC Competition Law

Posted on July 22, 2009
Posted by D. Daniel Sokol Newly in print is Co-operation between National Competition Agencies in the Enforcement of EC Competition Law by Silke Brammer (Law, KU Leuven). BOOK ABSTRACT: In May 2004, the enforcement of the EC competition rules changed...


Broken Health Insurance Markets

Posted on July 22, 2009
Posted by D. Daniel Sokol Last thursday David Balto, a Senior Fellow at the Center of American progress testified before the Senate Commerce Committee on "The Effects of Regulatory neglect on Health Care Consumers." ABSTRACT: In that testimony he documents...


The Broadest Competition-Antitrust Law Curriculum

Posted on July 21, 2009
Posted by D. Daniel Sokol The winner for LLM programs is UCL. The courses available in the 2009-10 session are: Competition Law and Intellectual Property Rights: The Regulation of Innovation  22 weeks from October 2009 Competition Law and the...


Institutional Issues in Antitrust

Posted on July 21, 2009
Posted by D. Daniel Sokol I spent part of today at the Chilean Competition Tribunal. It hears all antitruscases and has direct appeal to the Chilean Supreme Court. By law it must have 3 lawyers and two PhD economists. I...


Competition Law and Policy

Posted on July 20, 2009
Posted by D. Daniel Sokol Sorry for the lack of the usual number of posts today. Things should be back to normal tomorrow. I am in Santiago, Chile where I am teaching in the graduate program in competition policy at...


Abuse of Dominance in the Postal Sector ? The Contribution of the Guidance Paper on Article 82 Ec

Posted on July 20, 2009
Posted by D. Daniel Sokol Damien Geradin (Tilburg Law) has posted the interesting Abuse of Dominance in the Postal Sector ? The Contribution of the Guidance Paper on Article 82 Ec. ABSTRACT: On December 15, 2005, the European Commission ('Commission')...


International Conference on Competition Law, 6 -7 November 2009, India

Posted on July 19, 2009
Posted by D. Daniel Sokol International Conference on Competition Law, 6 -7 November 2009, Hotel Meridien, New Delhi, India The Conference is being held by the International Academy of Law in association with UK's World Council for Corporate Governance and...


Getting the Balance Right: Intellectual Property, Competition Law and Economics in Asia

Posted on July 18, 2009
Posted by D. Daniel Sokol The National University of Singapore has a great looking conference in the works for September 7, 2009 - Getting the Balance Right: Intellectual Property, Competition Law and Economics in Asia. This one-day Symposium brings together...


Confronting the Threats to Market Competition

Posted on July 17, 2009
Posted by D. Daniel Sokol The Organization for Competitive Markets (OCM) will hold its annual conference on August 7 and 8 in St. Louis, Mo., at the Westin St. Louis Hotel. American Antitrust Institute (AAI) President Bert Foer will deliver...


Privatization, Regulation and Airport Pricing: An Empirical Analysis for Europe

Posted on July 17, 2009
Posted by D. Daniel Sokol Xavier Fageda (U. Barcelona - Economics) & Germa Bel (U. Barcelona - Economics) Privatization, Regulation and Airport Pricing: An Empirical Analysis for Europe. ABSTRACT: This paper examines factors determining prices that airports charge to airlines...


In Search of the Marginal Consumer

Posted on July 16, 2009
Posted by D. Daniel Sokol Phil Evans of FIRPA is In Search of the Marginal Consumer. ABSTRACT: In the long term, consumer welfare is about efficiency and innovation. In the short term, consumer welfare is about price, choice and access...


Competition and Innovation: Evidence from Financial Services

Posted on July 16, 2009
Posted by D. Daniel Sokol Jaap W.B. Bos (Utrecht - Economics), Ryan C.R. van Lamoen (Utrecht - Economics), and James W. Kolari (Texas A&M - Mays School of Business) have an interesting new paper on Competition and Innovation: Evidence from...


Exclusionary Bundling: The Motive for Mergers

Posted on July 16, 2009
Posted by D. Daniel Sokol Sue Mialon (Emory - Econ) writes on Exclusionary Bundling: The Motive for Mergers. ABSTRACT: This paper models how exclusionary bundling motivates mergers. Firms in two unrelated markets may want to merge only to bundle, even...


Bilateral oligopoly and quantity competition

Posted on July 16, 2009
Posted by D. Daniel Sokol Alex Dickson (Economics, University of Strathclyde) and Roger Hartley (Economics, University of Manchester) describe Bilateral oligopoly and quantity competition. ABSTRACT: Bilateral oligopoly is a strategic market game with two commodi- ties, allowing strategic behavior on...


Risk Aversion and Tacit Collusion in a Bertrand Duopoly Experiment

Posted on July 15, 2009
Posted by D. Daniel Sokol Lisa R. Anderson (Department of Economics, College of William and Mary), Beth A. Freeborn (Department of Economics, College of William and Mary), and Jason P. Hulbert (Department of Economics, College of William and Mary) explain...


Road Testing of Consumer Remedies

Posted on July 15, 2009
Posted by D. Daniel Sokol The CC and OFT commissioned a joint study on Road Testing of Consumer Remedies.


Predatory Exclusive Dealing

Posted on July 15, 2009
Posted by D. Daniel Sokol Joachim Klein (Munich Graduate School of Economics, University of Munich) and Hans Zenger (European Commission, Chief Economist Team, Directorate-General for Competition) write on Predatory Exclusive Dealing. ABSTRACT: While the previous literature on exclusive dealing has...


The Effect of Entry on R&D Investment of Leaders: Theory and Empirical Evidence

Posted on July 14, 2009
Posted by D. Daniel Sokol Dirk Czarnitzki (K.U.Leuven, Dept. of Managerial Economics, Strategy and Innovation), Federico Etro (University of Milan, Bicocca, Dept. of Economics) and Kornelius Kraft (Technical University of Dortmund, Dept. of Economics) analyze The Effect of Entry on...


Worldwide Merger Notification Requirements

Posted on July 14, 2009
Posted by D. Daniel Sokol J. Mark Gidley (White & Case), George L. Paul (White & Case) have produced the very accessible and informative Worldwide Merger Notification Requirements. BOOK ABSTRACT: Although international mergers continue to become more common, merger control...


The Court of Justice and Unlimited Jurisdiction: What Does it Mean in Practice?

Posted on July 14, 2009
Posted by D. Daniel Sokol Bo Vesterdorf (Herbert Smith and Plesner) asks The Court of Justice and Unlimited Jurisdiction: What Does it Mean in Practice? ABSTRACT: The principal function of the Community Courts, the Court of Justice (?ECJ?) and the...


Cartels, Fines, and Due Process

Posted on July 14, 2009
Posted by D. Daniel Sokol Philip Lowe (European Commission) explains Cartels, Fines, and Due Process. ABSTRACT: The level of fines imposed by the Commission with respect to cartel infringements has increased considerably over the past decade. In recent years, the...


Antitrust in an Era of Market Failure

Posted on July 14, 2009
posted by Shubha Ghosh Readers might be interested in Alan Devlin's article Antitrust in an Era of Market Failure, soon to be appearing in the Harvard Journal of Law & Public Policy, available at http://ssrn.com/author=1271852 Abstract follows: This is an...


The Price of Abuse: Intel and the European Commission Decision

Posted on July 13, 2009
Posted by D. Daniel Sokol Bob Lande (Baltimore Law) analyzes The Price of Abuse: Intel and the European Commission Decision. ABSTRACT: The May 13, 2009 decision by the European Commission (?EC?) holding that Intel violated Article 82 of the Treaty...


Private Law and Competition Policy in the Global Economy

Posted on July 13, 2009
Posted by D. Daniel Sokol Gralf-Peter Calliess, University of Bremen - Faculty of Law and Jens Mertens, CRC "Transformations of the State" explore Private Law and Competition Policy in the Global Economy. ABSTRACT: In this paper we criticize the so-called...


Governments as Cartel Victims

Posted on July 13, 2009
Posted by D. Daniel Sokol John Connor of Purdue University's Applied Economics Department explains Governments as Cartel Victims. ABSTRACT: In this note, I assemble simple empirical evidence on the severity of monetary penalties on modern international cartels, focusing on whether...


Congrats to Scott Hemphill

Posted on July 12, 2009
Posted by D. Daniel Sokol Scott Hemphill (Columbia Law), who has done some very interesting empirical work into pharmaceutical patent settlements was in the NY Times today, though not for his scholarship. Hemphill was in the Wedding announcements section...


East Asian Antitrust

Posted on July 11, 2009
Posted by D. Daniel Sokol The CPI Learning Center presents: East Asian Antitrust Session 1: Cartel - Wednesday, June 15, 2009 at 12 pm E.D.T. Topics include: An historic overview of the development of the Asian legal system; Factors behind...


Competition Policy after the Credit Crunch: The view from a UK competition authority

Posted on July 10, 2009
Posted by D. Daniel Sokol Peter Freeman, Chairman?Competition Commission presented an interesting speech at Chatham House last week titled Competition Policy after the Credit Crunch: The view from a UK competition authority.


Lawyers, Drugs and Money: A Prescription for Antitrust Enforcement in the Pharmaceutical Industry

Posted on July 10, 2009
Posted by D. Daniel Sokol On Friday, September 25, 2009, at the University of San Francisco School of Law, AAI will co-host a symposium titled "Lawyers, Drugs and Money: A Prescription for Antitrust Enforcement in the Pharmaceutical Industry." Panels...


Prices and Network Effects in Two-Sided Markets: The Belgian Newspaper Industry

Posted on July 10, 2009
Posted by D. Daniel Sokol Patrick J. G. Van Cayseele, Catholic University of Leuven (KUL) - Department of Economics and Stijn Vanormelingen, Hogeschool-Universiteit Brussel (HUBrussel), Catholic University of Leuven (KUL) explain Prices and Network Effects in Two-Sided Markets: The Belgian...


Successive Monopolies with Endogenous Quality

Posted on July 09, 2009
Posted by D. Daniel Sokol Hans Zenger (European Commission) analyzes Successive Monopolies with Endogenous Quality. ABSTRACT: This paper analyzes the impact of vertical integration on product quality. Contrary to previous findings, it is shown that integration decreases quality in many...


Monopoly Is What Happens While You?re Busy Making Speeches

Posted on July 09, 2009
Posted by D. Daniel Sokol Jay L. Himes (Labaton Sucharow) authored an article, Monopoly Is What Happens While You?re Busy Making Speeches, regarding the decision by Christine A. Varney, in her first public speech after being confirmed as Assistant Attorney...


Banking Services for Everyone? Barriers to Bank Access and Use around the World

Posted on July 09, 2009
Posted by D. Daniel Sokol Thorsten Beck, Tilburg University, Economics, Asli Demirguc-Kunt, World Bank - Development Research Group, and Maria Soledad Martinez Peria, World Bank - Development Research Group explain Banking Services for Everyone? Barriers to Bank Access and Use...


Competition Commission Publishes Annual Report

Posted on July 09, 2009
Posted by D. Daniel Sokol The Competition Commission (CC) has published its Annual Report and Accounts for 2008/09. You can download it here.


Did the Airline Tariff Publishing Case Reduce Collusion?

Posted on July 09, 2009
Posted by D. Daniel Sokol Amalia Miller (Virginia - Econ) asks Did the Airline Tariff Publishing Case Reduce Collusion? ABSTRACT: In December 1992, the US Department of Justice filed suit against eight major domestic airlines and the Airline Tariff Publishing...


EU Continues with Big Antitrust Fines

Posted on July 08, 2009
Posted by D. Daniel Sokol The Commission continues to impose large fines. This time the companies are the European firms E.ON and GDF Suez, thus ending a debate I have with a practitioner friend that only US technology firms would...


Piercing the Corporate Veil': Imposition of Fines on Associations of Undertakings for Violation of EC Competition Law

Posted on July 08, 2009
Posted by D. Daniel Sokol Alexandr Svetlicinii, European University Institute - Department of Law describes Piercing the Corporate Veil': Imposition of Fines on Associations of Undertakings for Violation of EC Competition Law. ABSTRACT: The ECJ's judgment in Coop de France...


Asymmetric Price Effects of Competition

Posted on July 08, 2009
Posted by D. Daniel Sokol Saul Lach (Department of Economics - Hebrew University of Israel) and José-Luis Moraga-González (Department of Economics, University of Groningen) study Asymmetric Price Effects of Competition. ABSTRACT: This paper examines how the distribution of prices changes...


European Commission Adopts Final Report Inquiry into the Pharmaceutical Sector

Posted on July 08, 2009
Posted by D. Daniel Sokol Information is available here. From the press release: Main findings and policy conclusions The inquiry has contributed significantly to the debate on European policy for pharmaceuticals, in particular for generic medicines. On the basis of...


Google Plans a PC Operating System

Posted on July 08, 2009
Posted by D. Daniel Sokol Remember when lots of academics, practitioners and DOJ thought that Microsoft was going to crush everyone in innovative industries? That seemed to be the dominant position in the academic and legal communities ten, five, three...


Competition Thinking Still in Silos

Posted on July 08, 2009
Posted by D. Daniel Sokol Yesterday I presented at the US Chamber of Commerce on the SOE challenge. One issue that I raised is that there is too much thinking within existing organizational silos among US government agencies (DOJ. FTC,...


Does Competition from Ambulatory Surgical Centers Affect Hospital Surgical Output and Hospital Profit?

Posted on July 07, 2009
Posted by D. Daniel Sokol Michael Robert Plotzke (ABT Associates) and Charles Courtemanche (UNC - Greensboro, Business and Economics) ask Does Competition from Ambulatory Surgical Centers Affect Hospital Surgical Output and Hospital Profit? ABSTRACT: Hospital administrators have expressed concern that...


Antitrust and Sports Equipment Standards: Winners and Whiners

Posted on July 07, 2009
Posted by D. Daniel Sokol John Lopatka (Penn State Law) explains Antitrust and Sports Equipment Standards: Winners and Whiners. ABSTRACT: Sports governing bodies routinely adopt equipment standards because equipment can have a dramatic impact on performance...


Privatization, Unbundling, and Liberalization of Network Industries: a discussion of the dominant policy paradigm in the EU

Posted on July 07, 2009
Posted by D. Daniel Sokol Lidia Ceriani, Università Bocconi - Department of Institutional Management, Raffaele Doronzo, Università degli Studi di Milan, Department of Economics, and Massimo Florio, Università degli Studi di Milano, Department of Economics explore Privatization, Unbundling, and Liberalization...


The Evolution of the Chinese Merger Guidelines: A Work in Progress Integrating Global Consensus and Domestic Imperatives

Posted on July 07, 2009
Posted by D. Daniel Sokol Beth Farmer (Penn State - Law) explains The Evolution of the Chinese Merger Guidelines: A Work in Progress Integrating Global Consensus and Domestic Imperatives. ABSTRACT:China is among the most recent entrants into global competition enforcement,...


Materials from CC/OFT Seminar on consultation draft of joint merger assessment guidelines now available

Posted on July 06, 2009
Posted by D. Daniel Sokol From the CC website: The OFT and CC organized a seminar to present and discuss the consultation draft of the joint merger assessment guidelines at the CC offices on 1 June 2009. Some 60 people...


Did the European Union's Market Dominance Policy Have a Gap? Evidence from Enforcement in the United States

Posted on July 06, 2009
Posted by D. Daniel Sokol Malcolm B. Coate, U.S. Federal Trade Commission (FTC) asks Did the European Union's Market Dominance Policy Have a Gap? Evidence from Enforcement in the United States. ABSTRACT: The European Union (EU) and the United States....


An Examination of the Market Structure of the U.S. Produce Industry

Posted on July 06, 2009
Posted by D. Daniel Sokol James E. Epperson (Georgia - Agricultural and Applied Economics) offers An Examination of the Market Structure of the U.S. Produce Industry. ABSTRACT: Recent literature, largely from the U.S. Department of Agriculture, Economic Research Service, indicates...


More from Professor Christopher Sagers on Judge Sotomayor and American Needle

Posted on July 06, 2009
posted by Shubha Ghosh [Note: Professor Sagers, a rising star in the field of antitrust and competition policy who teaches at Cleveland-Marshall Law School,posts some additional thoughts on American Needle and Judge Sotomayor's take on the issues raised in the...


Firm Entry, Product Repositioning and Welfare

Posted on July 06, 2009
Posted by D. Daniel Sokol Eleftherios Zacharias (Athens University of Economics and Business), examines Firm Entry, Product Repositioning and Welfare. ABSTRACT: We show that the entry of a second firm in a horizontally differentiated market (ala Hotelling) may harm consumers...


GCR Review of the Vertical Restraints Regime

Posted on July 04, 2009
Posted by D. Daniel Sokol GCR Review of the Vertical Restraints Regime Thursday 17 September Radisson Blu Hotel, Brussels Chairmen and speakers include: Andrzej Kmiecik Partner, Van Bael & Bellis Fiona Carlin Partner, Baker & McKenzie LLP Luc Peeperkorn Senior...


TOP 10 Papers for Antitrust & Regulated Industries Journals

Posted on July 04, 2009
Posted by D. Daniel Sokol TOP 10 Papers for Antitrust & Regulated Industries Journals May 5, 2009 to July 4, 2009 Rank Downloads Paper Title 1 123 The Overcharge as a Measure for Antitrust Damages Martijn A. Han, Maarten Pieter...


Google Under Inquiry by DOJ

Posted on July 03, 2009
Posted by D. Daniel Sokol Today's NY Times reports that the DOJ was reviewing the Google book settlement. The Wall Street Journal has a similar article.


Finance, Competition and Governance: Priorities for Reform and Strategies to Phase-Out Emergency Measures

Posted on July 03, 2009
Posted by D. Daniel Sokol The OECD has published Finance, Competition and Governance: Priorities for Reform and Strategies to Phase-Out Emergency Measures. ABSTRACT: This report describes issues that must be addressed to restore public confidence in financial markets and to...


Integration and Competition between Transport and Logistics Businesses

Posted on July 03, 2009
Posted by D. Daniel Sokol The OECD has released Integration and Competition between Transport and Logistics Businesses. ABSTRACT: The Round Table, chaired by Russell Pittman of the US Department of Justice, reviewed trends in horizontal and vertical integration in logistics...


Measuring Market Power in the French Comté Cheese Market

Posted on July 03, 2009
Posted by D. Daniel Sokol In a delicious analysis, Pierre R. Mérel, University of California, Davis - Department of Agricultural and Resource Economics undertakes Measuring Market Power in the French Comté Cheese Market. ABSTRACT: A new empirical industrial organisation approach...


Criminalising Serious Cartel Conduct: Issues of Law and Policy

Posted on July 02, 2009
Posted by D. Daniel Sokol Caron Beaton-Wells and Brent Fisse (both University of Melbourne Law School) have posted Criminalising Serious Cartel Conduct: Issues of Law and Policy. ABSTRACT: In January 2008 the government released an Exposure Draft Bill and associated...


Global Cartels Redux: The Amino Acid Lysine Antitrust Litigation 1996

Posted on July 02, 2009
Posted by D. Daniel Sokol John Connor of Purdue University Applied and Agricultural Economics tells the always interesting story of Global Cartels Redux: The Amino Acid Lysine Antitrust Litigation 1996. ABSTRACT: This paper tells the story of the global lysine...


A Comment on the Intel Fine

Posted on July 02, 2009
Posted by D. Daniel Sokol Keith Hylton (BU Law) provides A Comment on the Intel Fine. ABSTRACT: On May 13th the European Commission levied a fine of $1.45 billion on Intel for violating its competition law rules by offering volume-based...


Contestability, Technology and Banking

Posted on July 02, 2009
Posted by D. Daniel Sokol Sandrine Corvoisier (European Central Bank) and Reint Eberhard Gropp (European Business School) explain Contestability, Technology and Banking. ABSTRACT: We estimate the effect of internet penetration on retail bank margins in the euro area...


Criminalising Cartels: Australia's Slow Conversion

Posted on July 01, 2009
Posted by D. Daniel Sokol Caron Beaton-Wells (University of Melbourne Law School) has posted Criminalising Cartels: Australia's Slow Conversion. ABSTRACT: Australia is set to become the latest in a growing number of countries to join the United States' "coalition of...


Strategic Leniency and Cartel Enforcement

Posted on July 01, 2009
Posted by D. Daniel Sokol A new article in this month's American Economics Review worth reading is Nathan H. Miller (DOJ), Strategic Leniency and Cartel Enforcement. Ken Heyer, this was a good hire for DOJ - kudos to you and...


Preview Now Online for Lysine Cartel Movie Starring Matt Damon

Posted on July 01, 2009
Posted by D. Daniel Sokol I just watched the preview of The Informant! directed by Steven Soderbergh and starring Matt Damon. The preview looks great. The movie is about ADM informant Mark Whitacre of the famous lysine cartel. Antitrust has...


Mergers of Nonprofit Hospitals: Rectifying a (Serious) Failure of Antitrust Enforcement

Posted on July 01, 2009
Posted by D. Daniel Sokol Clark C. Havighurst, Duke University School of Law Barak D. Richman, Duke University - School of Law write on Mergers of Nonprofit Hospitals: Rectifying a (Serious) Failure of Antitrust Enforcement. ABSTRACT: Although federal judges have...


A Gap in the Enforcement of Article 82

Posted on June 30, 2009
Posted by D. Daniel Sokol Ioannis Kokkoris (OFT, Visiting Lecturer at City University Law School and a Visiting Fellow at Durham University) has come out with a new book, A Gap in the Enforcement of Article 82. BOOK ABSTRACT: The...


Fordham 36th Annual Conference on International Antitrust Law and Policy

Posted on June 30, 2009
Posted by D. Daniel Sokol The Fordham 36th Annual Conference on International Antitrust Law and Policy is now open for registration. Dates for the 36th Annual Conference on International Antitrust Law and Policy: Thursday & Friday, September 24 & 25,...


Energy Efficiency: Efficiency or Monopsony?

Posted on June 30, 2009
Posted by D. Daniel Sokol Tim Brennan of the University of Maryland-Baltimore Department of Economics has written Energy Efficiency: Efficiency or Monopsony? ABSTRACT: The cliche in the electricity sector, the "cheapest power plant is the one we don't build," seems...


Is a Cartel Just an Ordinary Prisoner's Dilemma?

Posted on June 30, 2009
Posted by D. Daniel Sokol Christoph Engel, Max Planck Institute for Research on Collective Goods has a new paper on Is a Cartel Just an Ordinary Prisoner's Dilemma? ABSTRACT: Ever since the heyday of the Chicago School, antitrust intervention has...


American Needle Cert Granted - Some Initial Thoughts

Posted on June 30, 2009
Posted by Chris Sagers A very big, possibly game-changing event has occurred in antitrust. Yesterday, on the last regularly scheduled sitting of its October Term 2008, the Supreme Court granted certiorari to review the Seventh Circuit's decision in American Needle,...


Tacit Collusion over Foreign Direct Investment under Oligopoly

Posted on June 29, 2009
Posted by D. Daniel Sokol David Collie (Cardiff Business School) examines Tacit Collusion over Foreign Direct Investment under Oligopoly. ABSTRACT: A two-country model of the FDI versus export decisions of firms is analysed. The analysis considers both the Cournot duopoly...


Competition and financial markets: issues in the current financial crisis

Posted on June 29, 2009
Posted by D. Daniel Sokol The OECD has released Competition and financial markets: issues in the current financial crisis. ABSTRACT: The OECD?s Competition Committee debated competition issues in the current financial crisis on 17-18 February 2009. This document presents two...


Price Regulation and Generic Competition in the Pharmaceutical Market

Posted on June 29, 2009
Posted by D. Daniel Sokol Dag Morten Dalen (Handelshøyskolen BI), Tonje Habeth (Handelshøyskolen BI), and Steinar Strøm (Department of Economics, University of Oslo) explore Price Regulation and Generic Competition in the Pharmaceutical Market. ABSTRACT: In March 2003 the Norwegian government...


American Competitiveness & the State Owned Enterprise Challenge

Posted on June 29, 2009
Posted by D. Daniel Sokol I will be presenting in DC for a conference hosted by the US Chamber of Commerce on July 7. It is on a topic of growing importance - state owned enterprises. My talks will build...


?Competition is a click away?

Posted on June 28, 2009
Posted by D. Daniel Sokol ?Competition is a click away,? so says Google Antitrust GC Dana Wagner. The NY Times has a full story on Google's efforts to minimize its antitrust risk.


Enforcing competition law in the UK, Europe and the US

Posted on June 27, 2009
Posted by D. Daniel Sokol The Global Competition Review will host Enforcing competition law in the UK, Europe and the US . Antitrust Litigation 2009 Enforcing competition law in the UK, Europe and the US Friday 2 October 2009, London...


Judicial Decision in Argentina Tackles the Interplay between Enforcing Patent Rights and Antitrust Law within the Dispute between Monsanto and the Argentine Government on the ?GM soy-seed RR?

Posted on June 26, 2009
Posted by D. Daniel Sokol Mariano Municoy (Moeller IP Advisors) explains how a Judicial Decision in Argentina Tackles the Interplay between Enforcing Patent Rights and Antitrust Law within the Dispute between Monsanto and the Argentine Government on the ?GM soy-seed...


Audio and Materials from AAI June Events Available Online

Posted on June 26, 2009
Posted by D. Daniel Sokol 10th Annual Conference The AAI held its 10th annual conference June 18th at the National Press Club in Washington, D.C. This year, the conference was titled "International Antitrust in a World without a Center" and...


Market Power versus Efficient-Structure in Arab GCC Banking

Posted on June 26, 2009
Posted by D. Daniel Sokol Saeed Al-Muharrami - Sultan Qaboos University, Oman and Kent Matthews - Cardiff Business School look at Market Power versus Efficient-Structure in Arab GCC Banking. ABSTRACT: This paper evaluates the performance of the Arab GCC banking...


The Neglected Effects of Demand Characteristics on the Sustainability of Collusion

Posted on June 26, 2009
Posted by D. Daniel Sokol Andrea Gallice, University of Siena - Economics, discusses The Neglected Effects of Demand Characteristics on the Sustainability of Collusion. ABSTRACT: According to traditional IO models, the characteristics of market demand (intercept, slope, elasticity) and of...


Harmonizing Essential Facilities and Refusals to Deal

Posted on June 25, 2009
Posted by D. Daniel Sokol Spencer Waller (Chicago Loyola Law) and William Tasch explain Harmonizing Essential Facilities and Refusals to Deal. ABSTRACT: The United States and the rest of the world have taken markedly different views of the essential facilities...


Competition in Recession

Posted on June 25, 2009
Posted by D. Daniel Sokol The UK Competition Commission has posted materials from its very interesting Competition in Recession: A Members' Roundtable Meeting held at the Competition Commission 30 March 2009. Programme (pdf, 40kb) Background paper prepared by the CC...


Competition Policy and Property Rights

Posted on June 25, 2009
Posted by D. Daniel Sokol John Vickers (Oxford - Economics) explains Competition Policy and Property Rights. ABSTRACT: One of the most controversial questions in current competition policy is when, if ever, should competition law require a firm with market power...


The Cartel Offences: An Elemental Pathology

Posted on June 25, 2009
Posted by D. Daniel Sokol Caron Beaton-Wells and Brent Fisse (both University of Melbourne Law School) have posted The Cartel Offences: An Elemental Pathology. ABSTRACT: The main purpose of this paper is to review the requirement of a contract, arrangement...


Michael Jackson and Antitrust

Posted on June 25, 2009
Posted by D. Daniel Sokol As you probably known by now, Michael Jackson - the King of Pop and among the most bizarre celebrities (if not the most bizarre) is dead. I checked westlaw and found no articles written on...


Facilitating Practices in the Israeli Retail Banking Sector

Posted on June 24, 2009
Posted by D. Daniel Sokol Shlomi Parizat (Israeli Antitrust Authority) explains Facilitating Practices in the Israeli Retail Banking Sector. ABSTRACT: On April 26th 2009, the Director General of the Israel Antitrust Authority exercised her authority under § 43(a)(1) of the...


Numerical Comparative Competition Law: Effects of Competition Law Structures on Competition Intensity Perceptions in Latin America and the Caribbean

Posted on June 24, 2009
Posted by D. Daniel Sokol Pablo Márquez (Oxford - Law) explores Numerical Comparative Competition Law: Effects of Competition Law Structures on Competition Intensity Perceptions in Latin America and the Caribbean. ABSTRACT: This paper goal is to define a method to...


Removing Obstacles to Generic Drug Competition: A Critical Priority for Health Care Reform

Posted on June 24, 2009
Posted by D. Daniel Sokol Along with holding Chairman Leibowitz's speech on exclusion payments yesterday, the Center for American Progress released a paper on pharmaceutical antitrust enforcement by David Balto titled Removing Obstacles to Generic Drug Competition: A Critical Priority...


Call for Papers - Antitrust in the Energy Sector

Posted on June 24, 2009
Posted by D. Daniel Sokol Oil, Gas and Energy Law Intelligence (www.ogel.org) invites submissions for a Special issue covering antitrust issues in energy. The guest editor for this special issue is Prof. Nicolas Petit (Lecturer in Competition Law and Economics...


FTC Issues Interim Report on "Authorized Generic" Drugs

Posted on June 24, 2009
Posted by D. Daniel Sokol From the FTC press release: The Federal Trade Commission today issued ?Authorized Generics: An Interim Report,? which presents the first set of results from a study conducted to examine the short-term and long-term effects of...


The Luxembourg Competition Law

Posted on June 23, 2009
Posted by D. Daniel Sokol There are small economies and then there are small economies. Daniel Becker (Luxembourg Competition Inspectorate) explains The Luxembourg Competition Law. ABSTRACT: Till the end of 2004, prices of products and services had been regulated, in...


Pay for Delay Settlements in the Pharmaceutical Industry: How Congress Can Stop Anticompetitive Conduct, Protect Consumers' Wallets, and Help Pay for Health Care Reform

Posted on June 23, 2009
Posted by D. Daniel Sokol FTC Chairman Leibowitz's speech on Pay for Delay Settlements in the Pharmaceutical Industry: How Congress Can Stop Anticompetitive Conduct, Protect Consumers' Wallets, and Help Pay for Health Care Reform (the $35 billion solution), delivered earlier...


European Competition Journal Conference

Posted on June 23, 2009
Posted by D. Daniel Sokol European Competition Journal Conference THURSDAY 16th JULY, 2009 (18.30 ? 21.30) FRIDAY 17th JULY, 2009 (9.00 ? 17.00) Jesus College, Turl Street, Oxford, OX1 3DW Hart Publishing and the Editors of the European Competition Journal...


The Strong Get Stronger - Jones Day adds David Wales

Posted on June 23, 2009
Posted by D. Daniel Sokol The Antitrust powerhouse firm of Jones Day has just announced that it has added former FTC Bureau of Competition head David Wales to the firm.


Multi-Market Collusion with Demand Linkages and Antitrust Enforcement

Posted on June 23, 2009
Posted by D. Daniel Sokol Jay Pil Choi, Michigan State University - Department of Economics, and Heiko A. Gerlach, University of Auckland - Department of Economics address Multi-Market Collusion with Demand Linkages and Antitrust Enforcement. ABSTRACT: This paper analyzes dynamic...


Rewriting the Horizontal Merger Guidelines in the Name of Dynamic Competition

Posted on June 22, 2009
Posted by D. Daniel Sokol J. Gregory Sidak, Criterion Economics, L.L.C., and David Teece, University of California, Berkeley - Business & Public Policy Group advocate Rewriting the Horizontal Merger Guidelines in the Name of Dynamic Competition. ABSTRACT: We favor revision...


Boosting the Crisis Economy? Competition as an Ally

Posted on June 22, 2009
Posted by D. Daniel Sokol Rainer Lindberg (Finnish Competition Authority) explains Boosting the Crisis Economy? Competition as an Ally. ABSTRACT: There is well-established empirical evidence that competition?spurring efficiency?promotes productivity within firms and between firms...


Economic Analysis of the Dominican Republic Competition Law

Posted on June 22, 2009
Posted by D. Daniel Sokol Mónika Infante, (Pontificia Universidad Catolica Madre y Maestra, Dominican Republic - Law) y Fanny Solano, (Universidad Carlos III de Madrid - Law) provide an Economic Analysis of the Dominican Republic Competition Law. ABSTRACT: After the...


Toward a Unified Theory of Access to Local Telephone Systems

Posted on June 22, 2009
Posted by D. Daniel Sokol Dan Spulber (Northwestern - Kellogg School of Management) and Christopher Yoo (Penn Law) have thoughts Toward a Unified Theory of Access to Local Telephone Systems. ABSTRACT: One of the most distinctive developments in telecommunications policy...


Low Cost Solutions to Health Care Through Generic Competition

Posted on June 20, 2009
Posted by D. Daniel Sokol June 23, 2009, 9:30am to 11:00am Admission is free. RSVP to attend this event Keynote speaker: Jon Leibowitz, Chairman, Federal Trade Commission Featured Panelists: Seth Bloom, General Counsel, Senate Antitrust Subcommittee Heather Bresch, Chief Operating...


Is Collective Administration of Copyrights Justified by the Economic Literature?

Posted on June 19, 2009
Posted by D. Daniel Sokol Ariel Katz (Toronto - Law) asks Is Collective Administration of Copyrights Justified by the Economic Literature? ABSTRACT: On March 2007 Canada's Competition Bureau hosted a symposium on the interface between competition and intellectual property...


The Politics of Cartel Criminalisation: A Pessimistic View from Australia

Posted on June 19, 2009
Posted by D. Daniel Sokol Caron Beaton-Wells (University of Melbourne Law School) has posted The Politics of Cartel Criminalisation: A Pessimistic View from Australia. ABSTRACT: A global movement towards a tougher stance against serious cartel conduct has seen several countries...


Competition Policy and Organizational Fragmentation in Health Care

Posted on June 19, 2009
Posted by D. Daniel Sokol Tim Greaney (St. Louis Law) describes Competition Policy and Organizational Fragmentation in Health Care. ABSTRACT: A central challenge for all health care reform proposals currently being discussed is finding the means to effectively channel market...


Judgment-Sharing Agreements

Posted on June 18, 2009
Posted by D. Daniel Sokol Christopher Leslie (UC Irvine Law) explains Judgment-Sharing Agreements. ABSTRACT: Antitrust law condemns price-fixing cartels and seeks to encourage private suits against the conspirators by automatically trebling antitrust damages and by providing for joint and several...


Market Share Exclusion

Posted on June 18, 2009
Posted by D. Daniel Sokol Mikko Packalen, University of Waterloo - Department of Economics examines Market Share Exclusion. ABSTRACT: A market share exclusion contract between a seller and a buyer prevents rival sellers from competing for a share of the...


Eleanor Fox - Scholar, Advocate, Humanist, Female Traiblazer

Posted on June 18, 2009
Posted by D. Daniel Sokol Today the American Antitrust Institute honored my friend, mentor and co-author Eleanor Fox. A number of people gave speeches - Christine Varney (DOJ), John Fingleton (OFT) and Ilene Gotts (Wachtell). Eleanor followed. All the speeches...


Merger Analysis and the Importance of Looking Beyond the Level of Pre-Transaction Competition Between the Merging Parties

Posted on June 17, 2009
Posted by D. Daniel Sokol Timothy Daniel (NERA) has written on Merger Analysis and the Importance of Looking Beyond the Level of Pre-Transaction Competition Between the Merging Parties. ABSTRACT: Timothy Daniel discusses four proposed mergers that were challenged by the...


Complements and Potential Competition

Posted on June 17, 2009
Posted by D. Daniel Sokol Mikko Packalen, University of Waterloo - Department of Economics has a paper that address Complements and Potential Competition. ABSTRACT: In this paper we examine the effect of cooperation between complementary incumbent monopolists on consumer welfare...


Are There Any Chicago School European Competition Law or Econ Professors?

Posted on June 17, 2009
Posted by D. Daniel Sokol After two conferences in the last three weeks of primarily European professors in both law and economics, I have noticed nobody from Europe who shows a proclivity to Chicago School antitrust analysis. Because of the...


Fight Against Cartels in Croatia: More than a Decade of Enforcement Practice

Posted on June 16, 2009
Posted by D. Daniel Sokol Jasminka Pecotic Kaufman (University of Zagreb) discusses the Fight Against Cartels in Croatia: More than a Decade of Enforcement Practice. ABSTRACT: The Croatian Competition Act 2003 prohibits cartel agreements and considers them to be null...


What Could Anti-Trust in the OECD Mean for Development?

Posted on June 16, 2009
Posted by D. Daniel Sokol Peter A.G. van Bergeijk, Institute of Social Studies asks What Could Anti-Trust in the OECD Mean for Development? ABSTRACT: The extra-territorial effects of cartels, mergers and other non-competitive activities require consideration especially if they harm...


Antitrust Law Developments, Sixth Edition

Posted on June 16, 2009
Posted by D. Daniel Sokol The ABA Antitrust Section has put out Antitrust Law Developments (Sixth). Antitrust Law Developments (Sixth) is the seminal comprehensive review of federal antitrust law, with reports on current case law and administrative and legislative developments...


Hospital Competition and Quality with Regulated Prices

Posted on June 16, 2009
Posted by D. Daniel Sokol Kurt Richard Brekke, Norwegian School of Economics and Business Administration - Department of Economics Luigi Siciliani, University of York - Department of Economics, and Odd Rune Straume, University of Minho - Economic Policies Research Unit...


Judicial Review in Hungarian Competition Law -Tetra Laval Á La Hongroise

Posted on June 15, 2009
Posted by D. Daniel Sokol Kati Cseres, University of Amsterdam - Amsterdam Center for Law & Economics and Jurian Langer, University of Amsterdam address Judicial Review in Hungarian Competition Law -Tetra Laval Á La Hongroise. ABSTRACT: This paper assesses the...


Latin American Competition Law and Policy

Posted on June 15, 2009
Posted by D. Daniel Sokol In what is the most important book on the topic to date, Eleanor Fox (NYU - Law) and Daniel Sokol (University of Florida - Law) have edited the forthcoming Latin American Competition Law and Policy....


Mergers with Bundling in Complementary Markets

Posted on June 15, 2009
Posted by D. Daniel Sokol Jay Pil Choi (MSU - Economics) has a new paper on Mergers with Bundling in Complementary Markets. ABSTRACT: This paper develops a simple model to analyze the effects of mergers in complementary system markets when...


Patent Settlements as a Barrier to Entry

Posted on June 15, 2009
Posted by D. Daniel Sokol Anne Duchene, Drexel University - Department of Economics & International Business and Konstantinos Serfes, Drexel University - Department of Economics & International Business examine Patent Settlements as a Barrier to Entry...


Competition Law and the Maritime Sector

Posted on June 13, 2009
Posted by D. Daniel Sokol THE LONDON SHIPPING LAW CENTRE AT UCL WELCOMES MEMBERS AND THEIR COLLEAGUES TO THE TENTH MONTHLY EVENT IN THE 2008 ? 2009 EVENTS PROGRAMME Competition Law and the Maritime Sector 1st July 2009, 4.30pm On...


New to the Antitrust and Competition Policy Blog

Posted on June 12, 2009
Posted by D. Daniel Sokol I have created a Linkedin site for readers of the blog to network and post announcements. I hope that people can post on substantive issues and also on any job announcements and tenders. Click here...


The Theory of Regulatory Competition and Competition Law

Posted on June 12, 2009
Posted by D. Daniel Sokol Wolfgang Kerber, Philipps University Marburg - Department of Business Administration and Economics explains The Theory of Regulatory Competition and Competition Law. ABSTRACT: The governance of competition on global markets is an open policy question (lack...


2009 Chambers USA Rankings Now Out

Posted on June 12, 2009
Posted by D. Daniel Sokol It is finally out - the Chambers USA 2009 Antitrust Rankings. No doubt most of us will receive a series of client alerts about how well people did. Today I will focus on the top...


Simulating the Dynamic Effects of Horizontal Mergers: U.S. Airlines

Posted on June 12, 2009
Posted by D. Daniel Sokol C. Lanier Benkard (Stanford - Business), Aaron Bodoh-Creed (Stanford - Econ) and John Lazarev (Stanford) undertake some interesting work regarding Simulating the Dynamic Effects of Horizontal Mergers: U.S. Airlines. ABSTRACT: We propose a new method...


Is This Promoting Competition?

Posted on June 12, 2009
Posted by D. Daniel Sokol I just read a news story on Microsoft from CNET that begins: Reacting to antitrust concerns expressed by European regulators, Microsoft plans to offer a version in Europe that has the browser removed. Computer makers...


The Single Entity Battle Continues: American Needle and the Seventh Circuit?s Hybrid Approach

Posted on June 11, 2009
Posted by D. Daniel Sokol Gabe Feldman (Tulane Law) discusses The Single Entity Battle Continues: American Needle and the Seventh Circuit?s Hybrid Approach. ABSTRACT: Courts have long struggled to articulate a coherent or sensible approach to applying the Sherman Act...


The Cardboard Box Cartel Case: Was All the Fuss Warranted?

Posted on June 11, 2009
Posted by D. Daniel Sokol Caron Beaton-Wells (University of Melbourne Law School) and Neil Brydges (University of Melbourne Law School) explore The Cardboard Box Cartel Case: Was All the Fuss Warranted? ABSTRACT: The ACCC's legal action for price fixing against...


Resale Price Maintenance and Interlocking Relationships

Posted on June 11, 2009
Posted by D. Daniel Sokol Patrick Rey (Toulouse - Econ) and Thibaud Vergé (CREST-LEI) explain Resale Price Maintenance and Interlocking Relationships. ABSTRACT: An often expressed idea to motivate the per se illegality of RPM is that it can limit interbrand...


Competition Policy and Intellectual Property

Posted on June 11, 2009
Posted by D. Daniel Sokol David Vaver (Oxford - Law), Marcel Boyer (University of Montreal - Econ), and Michael Trebilcock (Torinto - Law) have edited a new book Competition Policy and Intellectual Property. BOOK ABSTRACT: Competition Policy and Intellectual Property...


Naked Exclusion: Towards a Behavioral Approach to Exclusive Dealing

Posted on June 10, 2009
Posted by D. Daniel Sokol Jan Boone, Wieland Müller, Sigrid Suetens (all Tilburg econ) write about Naked Exclusion: Towards a Behavioral Approach to Exclusive Dealing. ABSTRACT: We report experimental results on exclusive dealing inspired by the literature on "naked exclusion"...


Rethinking Broadband Internet Access

Posted on June 10, 2009
Posted by D. Daniel Sokol Daniel F. Spulber, Northwestern University - Kellogg School of Management and Christopher S. Yoo - Penn Law engage in Rethinking Broadband Internet Access. ABSTRACT: The emergence of broadband Internet technologies, such as cable modem and...


Exporting Knowledge Through Technical Assistance and Capacity Building

Posted on June 10, 2009
Posted by D. Daniel Sokol D. Daniel Sokol of the University of Florida Levin College of Law and Kyle Stiegert of the University of Wisconsin Department of Agricultural and Applied Economics have just posted Exporting Knowledge Through Technical Assistance and...


Natural Selection, Irrationality and Monopolistic Competition

Posted on June 10, 2009
Posted by D. Daniel Sokol Guo Ying Luo (McMaster University- DeGroote School of Business) analyzes Natural Selection, Irrationality and Monopolistic Competition. ABSTRACT: This paper builds an evolutionary model of an industry where firms produce differentiated products...


Follow-on Biologic Drug Competition

Posted on June 10, 2009
Posted by D. Daniel Sokol From the FTC press release: The Federal Trade Commission today released a report entitled ?Follow-on Biologic Drug Competition?which examines whether the price of biologic drugs ? products manufactured using living tissues and microorganisms ? could...


The Contract Requirement for the Joint Venture Exceptions under Sections 44ZZRO and 44ZZRP of the Cartel Bill

Posted on June 09, 2009
Posted by D. Daniel Sokol Brent Fisse (Melbourne Law) explains The Contract Requirement for the Joint Venture Exceptions under Sections 44ZZRO and 44ZZRP of the Cartel Bill. ABSTRACT: The joint venture exceptions under ss 44ZZRO and 44ZZRP of the Bill...


Railway Mergers and Railway Alliances: Competition Issues and Lessons for Other Network Industries

Posted on June 09, 2009
Posted by D. Daniel Sokol Russ Pittman (DOJ) analyzes Railway Mergers and Railway Alliances: Competition Issues and Lessons for Other Network Industries. ABSTRACT: Freight railway enterprises in both Europe and North America are in the process of significant restructuring, with...


Antitrust Law Enforcement: What To Do About The Current Economics Cacophony?

Posted on June 09, 2009
Posted by D. Daniel Sokol FTC Commission Tom Rosch defends his thoughts on law and economics in antitrust in a speech titled Antitrust Law Enforcement: What To Do About The Current Economics Cacophony?


Competition agencies and global markets: the challenges ahead

Posted on June 09, 2009
Posted by D. Daniel Sokol John Fingleton (OFT) and the new head of the ICN gave an important closing speech at the ICN conference last week. A copy of the speech is available below. Also available is his excellent paper...


Capacity Investments, Exclusionary Behavior, and Welfare: A Dynamic Model of Competition in the Airline Industry

Posted on June 08, 2009
Posted by D. Daniel Sokol Jonathan Williams (Virginia - Econ) explains Capacity Investments, Exclusionary Behavior, and Welfare: A Dynamic Model of Competition in the Airline Industry. ABSTRACT: This paper applies recently developed methods for estimating dynamic games to a unique...


New Masters Program Launched in Competition Policy and Regulation

Posted on June 08, 2009
Posted by D. Daniel Sokol Universidad Adolfo Ibáñez in Chile is launching a master's program in competition policy and regulation. As some of you know, I will be teaching next month in the competing program at the Centro de Libre...


ICN Zurich Meeting - A Review

Posted on June 08, 2009
Posted by D. Daniel Sokol For those who could not attend the ICN meeting in Zurich this past week, this document summarizes the various outputs of the meeting.


Essential Facility Access in Europe: Building a Test for Antitrust Policy

Posted on June 08, 2009
Posted by D. Daniel Sokol Angelo Castaldo (Law - University of Rome ?La Sapienza?) and Antonio Nicita (Economics - University of Sienna) address Essential Facility Access in Europe: Building a Test for Antitrust Policy. ABSTRACT: This paper investigates the evolution...


Issues in Competition Law and Policy

Posted on June 08, 2009
Posted by D. Daniel Sokol The ABA Antitrust Section has published Issues in Competition Law and Policy This new 2,400+ page book is a complete and detailed perspective on issues in the design and enforcement of competition law, the technical...


ForoCompetencia Colloquium

Posted on June 06, 2009
Posted by D. Daniel Sokol En nombre del Comité Organizador quería anticiparles que el viernes 16 de octubre de 2009 se realizará el 4° Coloquio ForoCompetencia en el Sheraton Pilar, en las afueras de Buenos Aires. Este año el temario...


Antitrust and 'Free Movement' Risks of Expanding U.S. Professional Sports Leagues into Europe

Posted on June 05, 2009
Posted by D. Daniel Sokol Marc Edelman, Rutgers School of Law-Camden and Brian Doyle, Seton Hall Law explain Antitrust and 'Free Movement' Risks of Expanding U.S. Professional Sports Leagues into Europe. ABSTRACT: This article discusses the legal risks that would...


More Common Ground for International Competition Law?

Posted on June 05, 2009
The 4th ASCOLA Conference More Common Ground for International Competition Law? June 16-17, 2009 George Washington University Law School Washington, D.C. Registration is free Day 1: Tuesday, June 16 8.45 a.m. Welcome and Opening Edward Swaine, Competition Law Center at...


Intellectual Oligopoly: A Cautious Defense of Intellectual Oligopoly with Fringe Competition

Posted on June 05, 2009
Posted by D. Daniel Sokol Mark Lemley (Stanford Law) challenges Michele Boldrin and David Levine in Intellectual Oligopoly: A Cautious Defense of Intellectual Oligopoly with Fringe Competition. ABSTRACT: Michele Boldrin and David Levine offer a strong attack on intellectual property...


Entry in the ADHD Drugs Market: Welfare Impact of Generics and Me-toos

Posted on June 04, 2009
Posted by D. Daniel Sokol Farasat A.S. Bokhari (FSU - Econ) and Gary M. Fournier (FSU - Econ) explain Entry in the ADHD Drugs Market: Welfare Impact of Generics and Me-toos. ABSTRACT: In this paper, we exploit a novel approach...


Economic Effects of State Bans on Direct Manufacturer Sales to Car Buyers

Posted on June 04, 2009
Posted by D. Daniel Sokol Gerald R. Bodisch (DOJ) examines the Economic Effects of State Bans on Direct Manufacturer Sales to Car Buyers. I think that this is an important paper. The reason that the franchise rules work the way...


Antitrust, Patents and Developing Nations

Posted on June 04, 2009
Posted by D. Daniel Sokol John Barton (Stanford Law) writes on Antitrust, Patents and Developing Nations. ABSTRACT: In the developed world, antitrust policy has traditionally been a foil to intellectual property (IP). There are now serious concerns that the world's...


Sports Leagues and the Rule of Reason: How to Assess Internal Venture Restraints

Posted on June 04, 2009
Posted by D. Daniel Sokol James Keyte & Paul Eckles (both Skadden) address Sports Leagues and the Rule of Reason: How to Assess Internal Venture Restraints. ABSTRACT: ...The question, then, is whether there is an alternative analytical framework the Court...


Alitalia?Government Interventionism, The Road to Recovery?

Posted on June 03, 2009
Posted by D. Daniel Sokol Philippe Noguès (O'Melveny & Myers) & Giovanni Cifelli (O'Melveny & Myers) asks Alitalia?Government Interventionism, The Road to Recovery? ABSTRACT: On December 3, 2008, the Italian competition authority (the ?ICA?) authorized the merger between Compagnia Aerea...


Horizontal Mergers, Involuntary Unemployment, and Welfare

Posted on June 03, 2009
Posted by D. Daniel Sokol Oliver Budzinski (Environmental and Business Economics - University of Southern Denmark) and Jürgen-Peter Kretschmer (Economic Policy Unit - Philipps-University of Marburg) analyze Horizontal Mergers, Involuntary Unemployment, and Welfare...


The world turn?d upside down

Posted on June 03, 2009
Posted by D. Daniel Sokol Peter Freeman (Chairman, Competition Commission) delivered a speech The world turn?d upside down. ABSTRACT: The line from which the title phrase is taken is from a ballad sung in protest against the abolition by Oliver...


The Overcharge as a Measure for Antitrust Damages

Posted on June 03, 2009
Posted by D. Daniel Sokol Martijn A. Han, University of Amsterdam - Amsterdam Center for Law & Economics, Maarten Pieter Schinkel, University of Amsterdam - Amsterdam Center for Law & Economics, and Jan Tuinstra, University of Amsterdam - Department of...


ICN 8th Annual Conference

Posted on June 02, 2009
Posted by D. Daniel Sokol The annual conference is this week. Movers and shakers from around the world will gather in Zurich. AGENDA Tuesday, June 2, 2009 09:00 - 16:30 Competition Principles under Threat Pre-ICN Competition and Development Forum Co-sponsored...


Avoidance and Denial of Liability for Cartel Offences: Proactive Lawful Escape Routes Left Open by the Cartel Legislation

Posted on June 02, 2009
Posted by D. Daniel Sokol Brent Fisse (Melbourne Law) discusses Avoidance and Denial of Liability for Cartel Offences: Proactive Lawful Escape Routes Left Open by the Cartel Legislation. Download Fisse_Avoidance_&_Denial_of_Liability_for_Cartel_Offences ABSTRACT: Cartel litigation and cartel investigation are likely to be...


Asia-Pacific Antitrust Review 2009

Posted on June 02, 2009
Posted by D. Daniel Sokol The Global Competition Review has published the The Asia-Pacific Antitrust Review. Introduction Introduction Graeme Samuel - Chairman of the Australian Competition and Consumer Commission Overviews Overview: Cartels Paul Schoff, Andrew Matthews - Minter Ellison Overview:...


A Plea for Greater Antitrust Transparency

Posted on June 02, 2009
Posted by D. Daniel Sokol Comments over breakfast one morning last week at a great antitrust conference in Santorini organized by Ioannis Lianos and UCL got me thinking about the lack of transparency among antitrust practitioners and academics -- at....


The unfulfilled promise of New Zealand?s monopolisation law: Sources, symptoms and solutions

Posted on June 02, 2009
Posted by D. Daniel Sokol Rex Ahdar (Law, University of Otago) has an interesting piece on The unfulfilled promise of New Zealand?s monopolisation law: Sources, symptoms and solutions. Download Monopolization.CCLJ ABSTRACT: New Zealand?s monopolisation prohibition ? s 36 of the...


Bidding Markets and Competition Law in the European Union and the United Kingdom

Posted on June 01, 2009
Posted by D. Daniel Sokol Pal Szilagyi, Competition Law Research Centre, Hungary discusses Bidding Markets and Competition Law in the European Union and the United Kingdom. ABSTRACT: The first part of a two part article on EC and UK case...


Assessing the Antitrust Case Against the Bowl Championship Series

Posted on June 01, 2009
Posted by D. Daniel Sokol Andrew Zimbalist (Smith College - Econ) writes on Assessing the Antitrust Case Against the Bowl Championship Series. ABSTRACT: In an uncertain world, one predictable event is that the Bowl Championship Series (?BCS?) perennially engenders widespread...


Economic Theory And Competition Law

Posted on June 01, 2009
Posted by D. Daniel Sokol Recently out is Economic Theory And Competition Law, edited by Josef Drexl (Max Planck Institute). BOOK ABSTRACT: It is a fact that economics matters when it comes to competition law. Yet, the context for this...


Two-Sided Market Definition

Posted on June 01, 2009
Posted by D. Daniel Sokol David S. Evans, University College, London, University of Chicago Law School, LECG explains Two-Sided Market Definition. ABSTRACT: This paper addresses the analysis of market definition when the parties involved in an antitrust or merger analysis...


Antitrust/Competition Professors - Separated at Birth

Posted on June 01, 2009
Posted by D. Daniel Sokol While waiting in the Athens airport on the way back from a conference, a colleague and I played the game of who antitrust professors look like. Here is our list in alphabetical order (and please...


Merger Action Group v. Secretary of State for Business, Enterprise and Regulatory Reform

Posted on May 31, 2009
Posted by D. Daniel Sokol Helen Davies (Brick Court Chambers) & Richard Blakeley (Brick Court Chambers) describe Merger Action Group v. Secretary of State for Business, Enterprise and Regulatory Reform. ABSTRACT: On December 10, 2008, the Competition Appeal Tribunal (?CAT?)...


The Role of Behavioural Economics in Consumer Protection and Competition Law

Posted on May 30, 2009
Posted by D. Daniel Sokol The Role of Behavioural Economics in Consumer Protection and Competition Law to be held on 3 June 2009 from 4.30 - 7.30, at UCL Law Faculty, London accredited with 3 CPD hours by the Bar...


Mergers, Innovation, and Productivity: Evidence from Japanese Manufacturing Firms

Posted on May 30, 2009
Posted by D. Daniel Sokol Kaoru Hosono (Gakushuin University), Miho Takizawa (Toyo University), and Kotaro Tsuru (Research Institute of Economy, Trade and Industry) undertake a nice empirical study in Mergers, Innovation, and Productivity: Evidence from Japanese Manufacturing Firms...


Market Concentration and Business Survival in Static v Dynamic Industries

Posted on May 28, 2009
Posted by D. Daniel Sokol Andrew Burke (Cranfield School of Management) and Aoife Hanley (Kiel Institute for the World Economy) have an interesting study on Market Concentration and Business Survival in Static v Dynamic Industries. ABSTRACT: We propose that the...


Influence of integration of Czech Republic into EU on form and protection of economic competition

Posted on May 28, 2009
Posted by D. Daniel Sokol Pavlína Pelle?ová (University of Silesia-School of Business Administration) discusses the Influence of integration of Czech Republic into EU on form and protection of economic competition. ABSTRACT: The article is focused on area of economic competition...


Efficiencies in Merger Analysis: Alchemy in the Age of Empiricism?

Posted on May 28, 2009
Posted by D. Daniel Sokol Tim Greaney of Saint Louis University School of Law asks Efficiencies in Merger Analysis: Alchemy in the Age of Empiricism? ABSTRACT: One is hard-pressed to find in law an undertaking more fraught with uncertainty than...


Retail and Wholesale Market Power in Organic Foods

Posted on May 28, 2009
Posted by D. Daniel Sokol Timothy J. Richards (ASU - School of Management and Agribusiness), Ram Acharya (New Mexico - Agricultural Economics), and Ignacio Molina (ASU - National Food and Agricultural Policy Project) undertake a study into Retail and Wholesale...


Supermarket Competition through Price Promotions: A Cross Category Analysis

Posted on May 27, 2009
Posted by D. Daniel Sokol Richard James Volpe (UC Davis Ag Econ) examines Supermarket Competition through Price Promotions: A Cross Category Analysis. ABSTRACT: This study takes an important first step at quantifying the nature of competition between major supermarket chains...


Merger Action Group v. Secretary of State for BERR: External Control of the Scottish Economy, Merger Control and the Scottish 'Ring-fence': the LloydsTSB/HBOS Merger

Posted on May 27, 2009
Posted by D. Daniel Sokol Barry Rodger (University of Strathclyde Law School) has been doing some very interesting empirical work on private rights of action in the UK. In a departure from that work, he takes on the issue of...


Exclusive Dealing, Entry, and Mergers

Posted on May 26, 2009
Posted by D. Daniel Sokol Chiara Fumagalli (Bocconi - Economics) Massimo Motta (Bologna - Economics) Thomas Roende (Copenhagen - Economics) theorize about Exclusive Dealing, Entry, and Mergers. ABSTRACT: This paper studies a model where exclusive dealing (ED) can both promote...


Hydrogen Peroxide: The Crest of the Wave

Posted on May 26, 2009
Posted by D. Daniel Sokol Kenneth Ewing (Steptoe & Johnson) explains antitrust class actions in Hydrogen Peroxide: The Crest of the Wave. ABSTRACT: On January 16, 2009, the Court of Appeals for the Third Circuit issued an amended decision in...


R&D-hindering Collusion

Posted on May 26, 2009
Posted by D. Daniel Sokol Emanuele Bacchiega, Luca Lambertini and Andrea Mantovani (all University of Bologna - Economics) write on R&D-hindering Collusion. ABSTRACT: In an extended version of d'Aspremont and Jacquemin's (1988) R&D competition model we find a region where...


Searching for the Concentration-Price Effect in the German Movie Theater Industry

Posted on May 25, 2009
Posted by D. Daniel Sokol Enrico Böhme (Econ - Frankfurt Goethe University) and Christopher Müller (Econ - Frankfurt Goethe University) investigate a relationship between concentration and prices in Searching for the Concentration-Price Effect in the German Movie Theater Industry ABSTRACT:...


Oligopsony Power: Evidence from the U.S. Beef Packing Industry

Posted on May 25, 2009
Posted by D. Daniel Sokol Xiaowei Cai (Cal Poly - Agribusiness), Kyle W. Stiegert (Wisconsin - Agricultural and Applied Economics), and Stephen R. Koontz (Illinois - Agricultural and Resource Economics) provide Oligopsony Power: Evidence from the U.S...


Do prices fall faster when Wal-Mart is around? The effect of competition and reputation on cost pass-through and price adjustment

Posted on May 25, 2009
Posted by D. Daniel Sokol M. Andrea Martens (Illinois - Agriculture and Consumer Economics) asks, Do prices fall faster when Wal-Mart is around? The effect of competition and reputation on cost pass-through and price adjustment. ABSTRACT: This study analyzes Wal-Mart?s...


Toward Judicial Realism: The Evolution of Rule 23

Posted on May 25, 2009
Posted by D. Daniel Sokol Katherine Funk (Sonnenschein Nath & Rosenthal LLP) describes Toward Judicial Realism: The Evolution of Rule 23. ABSTRACT: The Rule 23 analysis is currently undergoing what can only be described as a seismic jurisprudential shift...


Rarely Tried, and . . . Rarely Successful': Theoretically Impossible Price Predation Among the Airlines

Posted on May 24, 2009
Posted by D. Daniel Sokol Chris Sagers, Cleveland State University - Cleveland-Marshall College of Law, analyzes Rarely Tried, and . . . Rarely Successful': Theoretically Impossible Price Predation Among the Airlines. ABSTRACT: Two large bodies of literature bearing on the...


The ECJ Has Spoken: Where Do We Stand with Standard of Proof in Merger Control?

Posted on May 23, 2009
Posted by D. Daniel Sokol Pal Szilagyi, Competition Law Research Centre, Hungary explains The ECJ Has Spoken: Where Do We Stand with Standard of Proof in Merger Control? ABSTRACT: Comments on the European Court of Justice (ECJ) ruling in Bertelsmann....


Third International Conference of IMEDIPA on Competition Law and Policy

Posted on May 22, 2009
Posted by D. Daniel Sokol Third International Conference of IMEDIPA on Competition Law and Policy Friday May 29, and Saturday, May 30, 2009 Karatzas Conference Center National Bank of Greece 82-84 Aiolou str., Athens Friday, 29 May 2009 08:30 -...


Monopolistic Competition Between Differentiated Products with Demand for More Than One Variety

Posted on May 22, 2009
Posted by D. Daniel Sokol Andrei Hagiu, Harvard Business School analyzes Monopolistic Competition Between Differentiated Products with Demand for More Than One Variety. ABSTRACT: We analyze the existence of pure strategy symmetric price equilibria in a generalized version of Salop...


Let's Abolish Telecommunications Law and Rely on Competition Law and Authorities

Posted on May 22, 2009
Posted by D. Daniel Sokol Antonios G. Broumas, University of Athens, suggests Let's Abolish Telecommunications Law and Rely on Competition Law and Authorities. We have not had enough natural experiments on this but the one that I am familiar with,...


Exceptional Approval of Major Mergers: London and Brussels Compared

Posted on May 22, 2009
Posted by D. Daniel Sokol Ian Forrester (White & Case) & Stefan Mahoney (White & Case) offer their thoughts on Exceptional Approval of Major Mergers: London and Brussels Compared. ABSTRACT: This note records a short, urgent, highly-publicised attempt by a...


On Government, Governance and Judicial Review: The Case of European Competition Policy

Posted on May 21, 2009
Posted by D. Daniel Sokol Dirk Lehmkuhl, University of St. Gallen, Political Science explains On Government, Governance and Judicial Review: The Case of European Competition Policy. ABSTRACT: Through the lens of a traditional rationalist principal-agent framework, the development of the...


Women in Antitrust

Posted on May 21, 2009
Posted by D. Daniel Sokol I have been thinking about gender in antitrust for an ongoing empirical project in which I am examining among other things why economic analysis of law has taken a monopoly position within the US legal...


More Important Additions to the FTC

Posted on May 21, 2009
Posted by D. Daniel Sokol Those announced to join the FTC include: Will Tom, who has been practicing antitrust law as a partner in Morgan Lewis?s Washington, D.C. office, is rejoining the Commission, where he was Deputy Director of the...


Exclusive Dealing and Entry

Posted on May 21, 2009
Posted by D. Daniel Sokol João Leão (ISCTE - Portugal) explores Exclusive Dealing and Entry. ABSTRACT: This paper examines the use of exclusive dealing agreements to prevent the entry of rival firms. An exclusive dealing agreement is a contract between...


Class Action Standards in Crisis: Whether Common Merits Questions Predominate Does Not Depend on the Questions? Answers

Posted on May 21, 2009
Posted by D. Daniel Sokol J. Douglas Richards (Cohen Milstein Hausfeld & Toll) argues Class Action Standards in Crisis: Whether Common Merits Questions Predominate Does Not Depend on the Questions? Answers. ABSTRACT: In recent class action case law, the United...


Multilevel Governance, Lead Jurisdiction Concepts and Global Competition

Posted on May 21, 2009
Posted by D. Daniel Sokol Oliver Budzinski, University of Southern Denmark - Department of Environmental and Business Economics explains Multilevel Governance, Lead Jurisdiction Concepts and Global Competition. ABSTRACT: This paper discusses the prospects and limits of combining the governance principles...


Dominant Firms? Duties to Deal with Pharmaceutical Parallel Traders Following Glaxo Greece

Posted on May 20, 2009
Posted by D. Daniel Sokol Robert O?Donoghue & Louise Macnab (Brick Court Chambers) Dominant Firms? Duties to Deal with Pharmaceutical Parallel Traders Following Glaxo Greece. ABSTRACT: EU competition policy on dominant firms and pharmaceutical parallel trade?wholesalers taking advantage of arbitrage...


Handbook of Competition Enforcement Agencies 2009

Posted on May 20, 2009
Posted by D. Daniel Sokol The Global Competition Review has published The Handbook of Competition Enforcement Agencies 2009. Overview Introduction David Lewis - International Competition Network (ICN) Countries Albania Argentina Viviana Guadagni, Norberto Caneva, Hugo Quevedo - Quevedo Abogados Australia...


Competition and Consumer Policies: Starting Points for Better Convergence

Posted on May 20, 2009
Posted by D. Daniel Sokol Kati Cseres, University of Amsterdam - Amsterdam Center for Law & Economics has a new paper on Competition and Consumer Policies: Starting Points for Better Convergence. ABSTRACT: Competition and consumer policies have developed in many...


Competition Policy and International Trade Liberalisation: Essential Complements to Ensure Good Performance in Public Procurement Markets

Posted on May 20, 2009
Posted by D. Daniel Sokol Robert D. Anderson (WTO) and William E. Kovacic (FTC) write on Competition Policy and International Trade Liberalisation: Essential Complements to Ensure Good Performance in Public Procurement Markets. This article reviews and synthesises relevant literature and...


Cartels and Tacit Collusion

Posted on May 20, 2009
Posted by D. Daniel Sokol Summer is the time for great conferences. One worth attending is Cartels and Tacit Collusion. Download CCP_cartels_and_tacit_collusion_June09 ESRC Centre for Competition Policy University of East Anglia Cartels and Tacit Collusion CCP 5th Annual Conference 18?19...


Towards an Optimal Enforcement of Competition Rules in Europe - Time for a Reviwew of Regulation 1/2003?

Posted on May 19, 2009
Posted by D. Daniel Sokol The Global Competition Law Centre of the College of Europe presents its Fifth Annual Conference, titled Towards an Optimal Enforcement of Competition Rules in Europe - Time for a Reviwew of Regulation 1/2003? This year...


Margins of Appreciation: Changing Contours in Community and Domestic Case Law

Posted on May 19, 2009
Posted by D. Daniel Sokol Vivien Rose (U.K. Competition Appeal Tribunal) addresses Margins of Appreciation: Changing Contours in Community and Domestic Case Law. ABSTRACT: This article considers the circumstances in which a court, faced with a challenge to a decision...


Model Jury Instructions in Criminal Antitrust Cases

Posted on May 19, 2009
Posted by D. Daniel Sokol The ABA Antitrust Section has published Model Jury Instructions in Criminal Antitrust Cases This practical book provides guidance regarding jury instructions in criminal antitrust cases for juries sitting in judgment in antitrust trials of all...


Assessing the Quality of Competition Policy: The Case of Horizontal Merger Enforcement

Posted on May 19, 2009
Posted b D. Daniel Sokol Commissioner Bill Kovacic (FTC) discusses Assessing the Quality of Competition Policy: The Case of Horizontal Merger Enforcement. ABSTRACT: This article suggests how a jurisdiction might best go about evaluating the quality of its competition policy...


Market Share Exclusion

Posted on May 19, 2009
Posted by D. Daniel Sokol Mikko Packalen, University of Waterloo - Department of Economics describes Market Share Exclusion. ABSTRACT: A market share exclusion contract between a seller and a buyer prevents rival sellers from competing for a share of the...


Google an Antitrust Target?

Posted on May 18, 2009
Posted by D. Daniel Sokol Today's NY Times has a story on potential antitrust problems that Google faces. The article discusses antitrust issues in the United States. As events of the last few weeks remind us, even with ramped up...


IP and Antitrust: Errands into the Wilderness

Posted on May 18, 2009
Posted by D. Daniel Sokol Christina Bohannan, University of Iowa - College of Law and Herb Hovenkamp, University of Iowa - College of Law have an interesting new working paper IP and Antitrust: Errands into the Wilderness. ABSTRACT: Antitrust and...


Dissecting Regional Integration in Financial Services from the Competition Policy and Trade Policy Perspectives

Posted on May 18, 2009
Posted by D. Daniel Sokol Mamiko Yokoi-Arai (OECD) and Masamichi Kono (Financial Services Agency Japan) address Dissecting Regional Integration in Financial Services from the Competition Policy and Trade Policy Perspectives. ABSTRACT: The dynamism of regional integration is not globally uniform,...


Bundling and Economies of Scope

Posted on May 18, 2009
Posted by D. Daniel Sokol Antonin Arlandis, France Telecom R&D explains Bundling and Economies of Scope. ABSTRACT: This paper examines how bundling and economies of scope impact competition. We model a duopoly where two firms, produce the two components of...


Why We Need to Measure the Effect of Merger Policy and How to Do It

Posted on May 18, 2009
Posted by D. Daniel Sokol Dennis Carlton of the University of Chicago Booth Graduate School of Business explains Why We Need to Measure the Effect of Merger Policy and How to Do It. ABSTRACT: In this article, I explain the...


UCL / IMEDIPA Santorini Competition Policy Workshop

Posted on May 17, 2009
Posted by D. Daniel Sokol If anyone were to receive an Olympic gold medal for conference organization, it would go to Ioannis Lianos of University College London - Law for organizing a spectacular conference of antitrust experts from four continents....


Bates White 6th Annual Antitrust Conference

Posted on May 16, 2009
Posted by D. Daniel Sokol Bates White will hold its 6th Annual Antitrust Conference on June 1 in Washington DC. Session 1: Evaluating evidence on the competitive effects of consummated mergers William E. Kovacic FTC Commissioner Joseph Farrell Director of...


Common principles for an economic assessment of the compatibility of State aid under Article 87.3 EC-Treaty

Posted on May 16, 2009
Posted by D. Daniel Sokol Today, the European Commission launched a consultation process on a staff working paper called "Common principles for an economic assessment of the compatibility of State aid under Article 87.3 EC-Treaty". Interested parties are welcome and...


Competition Advocacy in Time of Recession - The UK Competition Commission's Approach

Posted on May 15, 2009
Posted by D. Daniel Sokol Competition Commission Chairman Peter Freeman provided his thoughts on Competition Advocacy in Time of Recession - The UK Competition Commission's Approach at the International Competition Forum, Warsaw.


Institutional Aspects of European Commission Guidance in the Area of Antitrust Law

Posted on May 15, 2009
Posted by D. Daniel Sokol B.M.P. Smulders (European Commission, DG Competition) has written on Institutional Aspects of European Commission Guidance in the Area of Antitrust Law. ABSTRACT: From an institutional law perspective, the question arises how to qualify the more...


On Pricing and Vertical Organization of Differentiated Products: The Case of Soybean Seed Industry

Posted on May 15, 2009
Posted by D. Daniel Sokol Guanming Shi (Wisconsin - Agricultural and Applied Economics) Jean-Paul Chavas (Wisconsin - Agricultural and Applied Economics) have thoughts On Pricing and Vertical Organization of Differentiated Products: The Case of Soybean Seed Industry...


Illustrative Price Rises from Mergers in Differentiated Products Markets

Posted on May 15, 2009
Posted by D. Daniel Sokol David Parker (Frontier Economics) offers some thoughts on Illustrative Price Rises from Mergers in Differentiated Products Markets. ABSTRACT: The approach taken by U.K. competition authorities to analyzing the extent of merger concerns in differentiated products...


The Economic Basis for Israeli Antitrust Law

Posted on May 14, 2009
Posted by D. Daniel Sokol Adi Ayal of Ben Gurion University - Faculty of Law describes The Economic Basis for Israeli Antitrust Law. ABSTRACT: This chapter aims at elucidating the economic basis for antitrust law generally, and the Israeli Restrictive...


Competition Policy in Distressed Industries

Posted on May 14, 2009
Posted by D. Daniel Sokol Carl Shapiro (DOJ Antitrust) presented a speech on Competition Policy in Distressed Industries. It his first speech in his government capacity. It is worth a read.


Antitrust and Associations Handbook

Posted on May 14, 2009
Posted by D. Daniel Sokol The ABA Antitrust Section has put out Antitrust and Associations. BOOK ABSTRACT: Handbook Significant segments of American business and professions are represented by trade and professional associations. But association activities raise potential antitrust risks and...


Colluding Through Suppliers

Posted on May 14, 2009
Posted by D. Daniel Sokol Salvatore Piccolo (University of Naples "Federico II", CSEF) discusses Colluding Through Suppliers. ABSTRACT: In a dynamic game between N retailers and a large number of suppliers, I show that inefficient contracting emerges as a mechanism...


Reflections on Bush Administration M&A Antitrust Enforcement and Beyond

Posted on May 14, 2009
Posted by D. Daniel Sokol Ilene Knable Gotts (Wachtell, Lipton) & James Rill (Howrey) have a great new piece on Reflections on Bush Administration M&A Antitrust Enforcement and Beyond. ABSTRACT: The election of Barack Obama as President?and the culmination of...


News Flash: European Commission Fines Intel Record $1.45 Billion (?1.06 Billion)

Posted on May 13, 2009
Posted by D. Daniel Sokol This has been a difficult week for dominant firms. First, Christine Varney announces that the DOJ will withdraw the Section 2 Report. Today, the European Commission has fined Intel a record amount for abuse of...


The Price/Non Price Exclusionary Abuses Dichotomy: A Critical Appraisal

Posted on May 13, 2009
Posted by D. Daniel Sokol Ioannis Lianos of University College London - Law discusses The Price/Non Price Exclusionary Abuses Dichotomy: A Critical Appraisal. ABSTRACT: The recently published EU Commission guidance introduces a sharp dichotomy between price and non-price exclusionary conduct...


How Do (and Should) Competition Authorities Treat a Dominant Firm?s Deception?

Posted on May 13, 2009
Posted by D. Daniel Sokol Maurice Stucke of the University of Tennessee Law School asks How Do (and Should) Competition Authorities Treat a Dominant Firm?s Deception? ABSTRACT: Deception arises in various contexts. At times, a monopolist?s deception, while immoral, may...


Likelihood of Success is Still Part of the Law, Even Under 13(b)

Posted on May 13, 2009
Posted by D. Daniel Sokol Paul Denis (Dechert) & Craig Falls (Dechert) explain that the Likelihood of Success is Still Part of the Law, Even Under 13(b). ABSTRACT: The confusion following in the wake of the now infamous trio of...


Malcolm Nicholson Joins Competition Commission as Member

Posted on May 13, 2009
Posted by D. Daniel Sokol Malcolm Nicholson joins the CC from Slaughter and May, where he has specialized in competition matters for more than 25 years.


Square Pegs in Round Holes: The Interaction between Judges and Economic Evidence

Posted on May 13, 2009
Posted by D. Daniel Sokol On the Supreme Court short-list is Diane Wood (7th Circuit, University of Chicago Law) who writes on Square Pegs in Round Holes: The Interaction between Judges and Economic Evidence. ABSTRACT: Competition law is not the...


The Incentives Balance Test in the EU Microsoft Case: A More 'Economics-Based' Approach?

Posted on May 12, 2009
Posted by D. Daniel Sokol Simonetta Vezzoso, University of Trento - Faculty of Economics - Law Department has written The Incentives Balance Test in the EU Microsoft Case: A More 'Economics-Based' Approach? ABSTRACT:Microsoft's claim that it had an objective justification...


Another Look at Process: Is There Really a Difference between Merger Litigation at the Agencies?

Posted on May 12, 2009
Posted by D. Daniel Sokol Kyle Andeer (FTC) asks, Another Look at Process: Is There Really a Difference between Merger Litigation at the Agencies? ABSTRACT: The FTC has emphasized its unique role in antitrust enforcement and its administrative proceedings in...


Chicago, Post-Chicago, and Neo-Chicago

Posted on May 12, 2009
Posted by D. Daniel Sokol Dan Crane (Cardozo Law, soon to be Michigan Law) responds to Bob Pitofsky's How the Chicago School Overshot the Mark in a book review titled Chicago, Post-Chicago, and Neo-Chicago. ABSTRACT:This essay reviews Bob Pitofsky's 2008...


Richard Brunell on RPM

Posted on May 12, 2009
Posted by D. Daniel Sokol Richard Brunell (AAI) provided testimony before the House Judiciary Committee's antitrust subcommittee on RPM. Click here for his testimony.


Entry in Collusive Markets: An Experimental Study

Posted on May 12, 2009
Posted by D. Daniel Sokol Marie Goppelsröder (Amsterdam Center for Law and Economics) discusses Entry in Collusive Markets: An Experimental Study. ABSTRACT: In this paper we present an experiment in which we test the effects of sequential entry on the...


Varney Speaks

Posted on May 12, 2009
Posted by D. Daniel Sokol Vigorous Antitrust Enforcement in this Challenging Era - Remarks as Prepared for the United States Chamber of Commerce Vigorous Antitrust Enforcement in this Challenging Era - Remarks as Prepared for the Center for American Progress


Varney Speech Preview - Watch Out Dominant Firms!

Posted on May 11, 2009
Posted by D. Daniel Sokol The NY Times previews the first major policy speech of Christine Varney of DOJ on unilateral conduct.


Tropical Island Paradise of Mauritius Looking for a Visiting Competition Economist

Posted on May 11, 2009
Posted by D. Daniel Sokol The new Competition Commission of Mauritius (CCM) is seeking to appoint a contractor for a one-year assignment to carry out research into competition in the Mauritius economy and build capacity for economic analysis within the...


Ex-post Evaluation of Competition Policy

Posted on May 11, 2009
Posted by D. Daniel Sokol This looks like one of the best conferences of the year. Centre for European Economic Research (ZEW) Mannheim, 3 to 4 June 2009 Preliminary Program (as of May 6, 2009) Timetable for June 3, 2009...


Distinguishing the Right of Publicity: Property Rights, Free Speech Privilege, and Competition Policy

Posted on May 11, 2009
Posted by D. Daniel Sokol Steven Semeraro, Thomas Jefferson School of Law has a new piece on Distinguishing the Right of Publicity: Property Rights, Free Speech Privilege, and Competition Policy. ABSTRACT: The right of publicity is an enigmatic property right...


DOJ Section 2 Report Withdrawn!

Posted on May 11, 2009
Posted by D. Daniel Sokol More to follow once we get Varney's speech but I predicted this long before today's NY Times Story. My exact quote "I suspect that under the Obama administration the DOJ Report on Unilateral Conduct will...


Optimal Collusion with Limited Severity Constraint

Posted on May 11, 2009
Posted by D. Daniel Sokol Etienne Billette De Villemeur (Toulouse - Economics), Laurent Flochel (Charles River Associates) and Bruno Versaevel (EMLYON - Business) have an interesting paper on Optimal Collusion with Limited Severity Constraint. ABSTRACT: Collusion sustainability depends on firms?...


State Aid - Increased Challenges in a Globalised Economy

Posted on May 10, 2009
Posted by D. Daniel Sokol STATE AID - INCREASED CHALLENGES IN A GLOBALISED ECONOMY 3 JUNE 2009, THE KING'S FUND, LONDON W1 Book now to secure your place at GCR's forthcoming State Aid conference. http://broadcast.lbresearch.com/re?l=3b3pneIxiya3vI0 CHAIRMEN AND SPEAKERS INCLUDE: -...


OFT and CC Publish Joint Merger Guidelines

Posted on May 10, 2009
Posted by D. Daniel Sokol I have a bit of a backlog for the blog so I apologize for the lack of a timely posted but for those of you who do not follow UK competition law closely, the OFT...


The Microsoft Case: Antitrust, High Technology, and Consumer Welfare

Posted on May 09, 2009
Posted by D. Daniel Sokol Now in paperback is the excellent The Microsoft Case: Antitrust, High Technology, and Consumer Welfare by Bill Page (aka, my colleague and Associate Dean at the University of Florida Levin College of Law) and John...


The Vertical Horizontal Dichotomy in Competition Law: Some Reflections with Regard to Dual Distribution and Private Labels

Posted on May 08, 2009
Posted by D. Daniel Sokol Ioannis Lianos of University College London - Law discusses The Vertical Horizontal Dichotomy in Competition Law: Some Reflections with Regard to Dual Distribution and Private Labels. ABSTRACT: The vertical/horizontal distinction is an important feature of...


When is Concentration Beneficial? Evidence from U.S. Manufacturing

Posted on May 08, 2009
Posted by D. Daniel Sokol Rigoberto A. López (Agricultural and Resource Economics, University of Conneticut) Elena López (Economics - Universidad de Alcalá) and Carmen Liron-Espana (System Planning, ISO-NE) ask and answer When is Concentration Beneficial? Evidence from U...


Google Hits Antitrust Concerns

Posted on May 08, 2009
Posted by D. Daniel Sokol Today's Wall Street Journal Reports that As Google Grows, So Too Do its Antitrust Issues. Just 10 years ago, Microsoft was the big bad antitrust monster. Today it seems to be Google except that the...


Merger Trials: Looking for the Third Dimension

Posted on May 08, 2009
Posted by D. Daniel Sokol Vaughn R. Walker (U.S. District Court, Northern California), the judge who wrote the important Oracle/Peoplesoft opinion, has written on Merger Trials: Looking for the Third Dimension. ABSTRACT: I do not argue here that concern about...


Issues at the Forefront of Monopolization and Abuse of Dominance

Posted on May 08, 2009
Posted by D. Daniel Sokol Loyola Chicago Law School and the University of Haifa Law School present: Issues at the Forefront of Monopolization and Abuse of Dominance May 24-26, 2009 Event Schedule for Sunday, May 24, 2009 9:30 a.m. Registration...


A Hard Landing in the Soft Drink Market ?MOFCOM?s Veto of the Coca-Cola & Huiyuan Deal

Posted on May 07, 2009
Posted by D. Daniel Sokol Fei Deng (NERA), Adrian Emch (Sidley Austin) & Gregory Leonard (NERA) explain A Hard Landing in the Soft Drink Market ?MOFCOM?s Veto of the Coca-Cola & Huiyuan Deal. ABSTRACT: On March 18, 2009, China?s Ministry...


Through the Looking Glass: Ruminations on Improving the Current U.S. Merger Enforcement Guidelines

Posted on May 07, 2009
Posted by D. Daniel Sokol Ilene Gotts (Wachtell) and Étienne Renaudeau (Darrois Villey Maillot Brochier) provide their thoughts on merger guidelines in Through the Looking Glass: Ruminations on Improving the Current U.S. Merger Enforcement Guidelines...


An Institutional Assessment of Antitrust Policy: The Latin American Experience

Posted on May 07, 2009
Posted by D. Daniel Sokol Ignacio de Leon (Econlex) has published An Institutional Assessment of Antitrust Policy: The Latin American Experience. BOOK ABSTRACT: Antitrust policy nominally plays an instrumental public interest role. The generally accepted notion is that it is...


Remarks by Assistant Attorney General for Antitrust Christine Varney

Posted on May 07, 2009
Posted by D. Daniel The US Chamber's Antitrust Council and the International Competition Policy Working Group is pleased to welcome Christine A. Varney Assistant Attorney General for Antitrust, Department of Justice Tuesday, May 12, 2009 1:45 pm - 3:00 pm...


Patent Pools and Cross-Licensing in the Shadow of Patent Litigation

Posted on May 07, 2009
Posted by D. Daniel Sokol Jay Pil Choi (MSU - Economics) has a new paper on Patent Pools and Cross-Licensing in the Shadow of Patent Litigation. ABSTRACT: This paper develops a framework to analyze the incentives to form a patent...


China's Anti-Monopoly Law: An Early Report Card

Posted on May 06, 2009
Posted by D. Daniel Sokol Lester Ross (WilmerHale) provides his thoughts on China's Anti-Monopoly Law: An Early Report Card. ABSTRACT: China's AML has been in effect for less than a year. The enforcement authorities are progressing with respect to structure...


Product Innovation Incentives: Monopoly vs. Competition

Posted on May 06, 2009
Posted by D. Daniel Sokol Marius Schwartz (Georgetown - Economics) focuses his inquiry into Product Innovation Incentives: Monopoly vs. Competition. ABSTRACT: Arrow (1962) showed that a secure monopolist (unconcerned with preemption) has a weaker incentive than would a competitive firm...


Bundling and Competition for Slots: On the Portfolio Effects of Bundling

Posted on May 06, 2009
Posted by D. Daniel Sokol Doh-Shin Jeon (Universitat Pompeu Fabra - Economics) and Domenico Menicucci (Università degli Studi di Firenze) focus their newest paper on Bundling and Competition for Slots: On the Portfolio Effects of Bundling. ABSTRACT: We consider competition...


Antitrust Professors on the Move - 2009 Edition

Posted on May 06, 2009
Posted by D. Daniel Sokol Below is a list of antitrust professors on the move to new schools: Dan Crane - University of Michigan (from Cardozo) Abe Wickelgren - University of Texas (from Northwestern) Christopher Leslie - UC Irvine (from...


FTC v. CCC Holdings: Message Received

Posted on May 06, 2009
Posted by D. Daniel Sokol Peter Love (Jones Day) and Ryan Thomas (Jones Day) write on the topic of FTC v. CCC Holdings: Message Received. ABSTRACT: Cirroc, the Unfrozen Caveman Lawyer from Saturday Night Live, consistently employed the same successful...


Protectionist Threats Against Cross-Border Mergers: Unexplored Avenues to Strengthen the Effectiveness of Article 21 ECMR

Posted on May 05, 2009
Posted by D. Daniel Sokol Damien Gerard of the University of Louvain explains Protectionist Threats Against Cross-Border Mergers: Unexplored Avenues to Strengthen the Effectiveness of Article 21 ECMR. ABSTRACT: In recent months, the European Commission has faced a surge in...


Comments on ?An Economic Analysis of the Use of Selective Distribution by Luxury Goods Suppliers?

Posted on May 05, 2009
Posted by D. Daniel Sokol A team from Sidley (Stephen Kinsella, Hanne Melin and Simon Schropp) recently published a piece in the European Competition Journal titled Comments on the CRA Paper Entitled ?An Economic Analysis of the Use of Selective...


Optimal Product Proliferation in Monopoly: A Dynamic Analysis

Posted on May 05, 2009
Posted by D. Daniel Sokol Luca Lambertini (Department of Economics, University of Bologna) explains Optimal Product Proliferation in Monopoly: A Dynamic Analysis. ABSTRACT: The monopolist?s incentives towards product proliferation are evaluated in an optimal control model considering three alternative regimes:...


Antitrust and the New Economy

Posted on May 05, 2009
Posted by D. Daniel Sokol The Center for American Progress Presents Antitrust and the New Economy May 11, 2009, 9:30am ? 11:30am About This Event The new administration faces profound challenges in antitrust and competition policy. The Bush administration adhered...


Sunk Entry Costs, Sunk Depreciation Costs, and Industry Dynamics

Posted on May 05, 2009
Posted by D. Daniel Sokol Adelina Gschwandtner (U. Vienna - Econ) and Val E. Lambson (BYU - Econ) have written on Sunk Entry Costs, Sunk Depreciation Costs, and Industry Dynamics Abstract: Dynamic competitive models of industry evolution predict higher variability...


Analyzing Horizontal Mergers: Unilateral Effects in Product-Differentiated Markets

Posted on May 04, 2009
Posted by D. Daniel Sokol Herb Hovenkamp,University of Iowa College of Law has a must read piece for those looking for a clear and non-technical overview of Analyzing Horizontal Mergers: Unilateral Effects in Product-Differentiated Markets. ABSTRACT: This essay offers a...


Antitrust Economics 101

Posted on May 04, 2009
Posted by D. Daniel Sokol Our friends at Competition Policy International have asked that we highlight what looks like it will be a great opportunity - Antitrust Economics 101 with Josh Wright of George Mason Law School. I would like...


FTC Announces Agendas for Resale Price Maintenance Workshops in May

Posted on May 04, 2009
Posted by D. Daniel Sokol According to an FTC announcement, the agenda has been set for the next round of RPM workshops: Panels will focus on the history of the practice, empirical evidence on the effects of RPM, and how...


Market Share, R&D Cooperation, and EU Competition Policy

Posted on May 04, 2009
Posted by D. Daniel Sokol Richard Ruble (EMLYON Business School) and Bruno Versaevel (EMLYON Business School) have written on Market Share, R&D Cooperation, and EU Competition Policy. ABSTRACT: Current EU policy exempts horizontal R&D agreements from antitrust concerns when the...


Recent Developments in Concentration Control Rules under China?s Anti-Monopoly Law

Posted on May 04, 2009
Posted by D. Daniel Sokol Jun Wei (Hogan & Hartson) has provided an analysis of Recent Developments in Concentration Control Rules under China?s Anti-Monopoly Law. Given some important merger decisions in the past few months, this piece is particularly timely...


MOFCOM Can Reach SOEs for Merger Control

Posted on May 03, 2009
Posted by D. Daniel Sokol While I was busy at the Loyola Antitrust conference on Friday, I discovered via Paul Jones that MOFCOM has exerted jurisdiction for the merger between two SOEs. As Paul explains: On Friday, May 1, 2009...


Competition Between Payment Systems: Results

Posted on May 01, 2009
Posted by D. Daniel Sokol George Gardner (Reserve Bank of Australia) and Andrew Stone (Reserve Bank of Australia) analyze Competition Between Payment Systems: Results. ABSTRACT: This paper is the second of two companion pieces. In the first we developed a...


2008 Annual Review of Antitrust Law Developments

Posted on April 30, 2009
Posted by D. Daniel Sokol The ABA Antitrust Section has just published the 2008 Annual Review of Antitrust Law Developments. BOOK ABSTRACT: For over 36 years, Antitrust Law Developments and its annual supplements have been recognized as the single most...


Measurement of the Consumer Benefit of Competition in Retail Outlets

Posted on April 30, 2009
Posted by D. Daniel Sokol Toshiyuki Matsuura (Economics, Keio University) and Mitsuru Sunada (Competition Policy Research Center, Japan Fair Trade Commission) address Measurement of the Consumer Benefit of Competition in Retail Outlets in a new working paper...


Asset Specificity and Vertical Integration: Williamson?s Hypothesis Reconsidered

Posted on April 30, 2009
Posted by D. Daniel Sokol Christian A. Ruzzier (Harvard Business School) addresses Asset Specificity and Vertical Integration: Williamson?s Hypothesis Reconsidered. ABSTRACT: A point repeatedly stressed by transaction cost economics is that the more specific the asset, the more likely is...


DOJ Opens Antitrust Inquiry Into Google Books Deal

Posted on April 29, 2009
Posted by D. Daniel Sokol Last week I posted an interesting new working paper by Randy Picker on the antitrust implications of Google Books. Today we learn via the NY Times that DOJ is investigating the deal.


The Interface Between Regulation and Competition Law

Posted on April 29, 2009
Posted by D. Daniel Sokol Neelie Kroes (European Commissioner for Competition Policy) gave as speech yesterday on The Interface Between Regulation and Competition Law.


An Empirical Model of Search with Vertically Differentiated Products

Posted on April 29, 2009
Posted by D. Daniel Sokol Matthijs R. Wildenbeest (Indiana University, Kelley School of Business) provides An Empirical Model of Search with Vertically Differentiated Products. ABSTRACT: This paper presents a non-sequential search model that allows for vertical product differentiation...


Financial Market Pressures, Tacit Collusion and Oil Price Formation

Posted on April 29, 2009
Posted by D. Daniel Sokol A team of Finn Roar Aune (Statistics Norway), Klaus Mohn (University of Stavanger - Industrial Economics), Petter Osmundsen (University of Stavanger - Industrial Economics) and Knut Einar Rosendahl (Statistics Norway) investigate Financial Market Pressures, Tacit...


Antitrust Law and Economics Professors on the Move

Posted on April 29, 2009
Posted by D. Daniel Sokol For the second year, I hope to compile a list of antitrust professors in law and economics who are on the move to new schools. Please submit names in the comments section below any moves...


Competition Between Payment Systems

Posted on April 28, 2009
Posted by D. Daniel Sokol George Gardner (Reserve Bank of Australia) and Andrew Stone (Reserve Bank of Australia) analyze Competition Between Payment Systems. ABSTRACT: This paper is the first of two companion pieces examining competition between payment systems...


Section 2 and the Section 2 Report

Posted on April 28, 2009
Posted by D. Daniel Sokol Our friends over at Truth and the Market will host an online symposium on Section 2 and the Section 2 Report. As Geoff Manne wrote me: We?ve organized the symposium across the three days so...


How Competition Policy Benefits SMEs

Posted on April 28, 2009
Posted by D. Daniel Sokol Neelie Kroes (European Commissioner for Competition Policy) recently gave a speech on How Competition Policy Benefits SMEs.


FTC Issues Final Rules Amending Parts 3 and 4 of the Agency?s Rules of Practice

Posted on April 28, 2009
Posted by D. Daniel Sokol In an important practice development, the FTC Issued Final Rules Amending Parts 3 and 4 of the Agency?s Rules of Practice. The press release notes: The Federal Trade Commission today adopted as final the interim...


Is Cartelisation Profitable? A Case Study of the Rhenish Westphalian Coal Syndicate, 1893-1913

Posted on April 27, 2009
Posted by D. Daniel Sokol Thorsten Lübbers (Max Planck Institute for Research on Collective Goods) has a nice historical work on Is Cartelisation Profitable? A Case Study of the Rhenish Westphalian Coal Syndicate, 1893-1913. ABSTRACT: We examine the effect of...


The Institutionalists? Reaction to Chamberlin?s Theory of Monopolistic Competition

Posted on April 27, 2009
Posted by D. Daniel Sokol Luca Fiorito (University of Palermo - Politics) discusses The Institutionalists? Reaction to Chamberlin?s Theory of Monopolistic Competition. ABSTRACT: Edwin Chamberlin's The Theory of Monopolistic Competition is often described as containing omportant traces of institutionalist influence...


9th Annual Loyola Antitrust Colloquium

Posted on April 27, 2009
Posted by D. Daniel Sokol This Friday I will participate in the 9th Annual Loyola Antitrust Colloquium. 9th Annual Loyola Antitrust Colloquium Friday, May 1, 2009 Loyola University Chicago School of Law 25 East Pearson Street Chicago IL. 60611 10th...


Entry in Collusive Markets: An Experimental Study

Posted on April 27, 2009
Posted by D. Daniel Sokol Marie Goppelsroeder, University of Amsterdam - Economics, has an interesting new paper on Entry in Collusive Markets: An Experimental Study. ABSTRACT: In this paper we present an experiment in which we test the effects of...


Chilean Congress Approves Reforms to Competition Law

Posted on April 26, 2009
Posted by D. Daniel Sokol Last week the Chilean Congress approved some major reforms to the Chilean competition system.


Enforcement of Competition Law in CARICOM: Perspectives on Challenges to Meeting Regional and Multilateral Obligations

Posted on April 25, 2009
Posted by D. Daniel Sokol Delroy Beckford (Jamaica Fair Trading Commission) focuses on Enforcement of Competition Law in CARICOM: Perspectives on Challenges to Meeting Regional and Multilateral Obligations. ABSTRACT: The focus of this paper is to raise some issues that...


Margin Squeeze in the United States and in Europe: Stand Alone Abuse or Refusal to Deal?

Posted on April 24, 2009
Posted by D. Daniel Sokol Paolo Palmigiano (British Telecommunications) discusses Margin Squeeze in the United States and in Europe: Stand Alone Abuse or Refusal to Deal? ABSTRACT: A striking contrast between the two [United States and Europe] becomes obvious in...


Oldale to be Chief Economist at Competition Commission

Posted on April 24, 2009
Posted by D. Daniel Sokol Alison Oldale (LECG) has been named the new chief economist of the UK's Competition Commission.


Testing the Effectiveness of Regulation and Competition on Cable Television Rates

Posted on April 24, 2009
Posted by D. Daniel Sokol Mary T. Kelly (Economics, Villanova University School of Business) and John S. Ying (Economics, University of Delaware) present an empirical analysis of Testing the Effectiveness of Regulation and Competition on Cable Television Rates...


The Law and Economics of Innovation: Online Markets vs. Traditional Markets

Posted on April 24, 2009
Posted by D. Daniel Sokol The Law and Economics of Innovation: Online Markets vs. Traditional Markets Thursday, May 7, 2009 8:00 am - 8:45 am Registration & Continental Breakfast 8:45 am - 9:00 am Introductions 9:00 am - 9:30 am...


What You Need to Know About Twombly

Posted on April 23, 2009
Posted by D. Daniel Sokol David Evans (University of Chicago, University College London, LECG) provides us with What You Need to Know About Twombly. ABSTRACT: In Bell Atlantic v. Twombly the Supreme Court clarified what plaintiffs must plead for their...


Persistence of Monopoly and Research Specialization

Posted on April 23, 2009
Posted by D. Daniel Sokol Philipp Weinschenk (Max Planck Institute for Collective Goods) explains the Persistence of Monopoly and Research Specialization. ABSTRACT: We examine the persistence of monopolies in markets with innovations when the outcome of research is uncertain...


Regulation of Liberal Professions and Competition Policy: Developments in the EU and China

Posted on April 23, 2009
Posted by D. Daniel Sokol Niels J. Philipsen (Maastricht University) discusses the Regulation of Liberal Professions and Competition Policy: Developments in the EU and China in a forthcoming article. ABSTRACT: The regulation of professional services has been high on the...


Incomplete Regulation, Asymmetric Information and Collusion-Proofness

Posted on April 23, 2009
Posted by D. Daniel Sokol Marco Meireles (Universidade do Porto - Economics) and Paula Sarmento (Universidade do Porto - Economics) address Incomplete Regulation, Asymmetric Information and Collusion-Proofness in a new paper. ABSTRACT: In an incomplete regulation framework the Regulator cannot...


Predatory Bundling and the Exclusionary Standard

Posted on April 22, 2009
Posted by D. Daniel Sokol Shahar Dilbary (Alabama Law) addresses Predatory Bundling and the Exclusionary Standard. ABSTRACT: Recent decisions - all relying on a stylized example first provided by the Ortho court - hold that a multi-product seller that uses...


DOJ Antitrust Senior Leadership Announced

Posted on April 22, 2009
Posted by D. Daniel Sokol The news is now official - DOJ has named its top leadership antitrust team. The team includes: Sharis Arnold Pozen, Chief of Staff and Counsel--Before she came to the Department in February 2009, Pozen was...


Extraterritoriality, Antitrust, and the Pragmatist Style

Posted on April 22, 2009
Posted by D. Daniel Sokol Justin Desautels-Stein (Colorado - Law) has posted Extraterritoriality, Antitrust, and the Pragmatist Style. ABSTRACT: In the last decades of the 20th century, David Kennedy and Martti Koskenniemi made the case that the modern structure of...


Monopoly Building: Why the Justice Department Must Block the Ticketmaster/LiveNation Deal

Posted on April 22, 2009
Posted by D. Daniel Sokol David Balto (Center for American Progress) has posted Monopoly Building: Why the Justice Department Must Block the Ticketmaster/LiveNation Deal. ABSTRACT: By combining, Ticketmaster and Live Nation will create an entertainment giant that: Sells most of...


Private Enforcement of EU and National Competition Law

Posted on April 21, 2009
Posted by D. Daniel Sokol Ignacio Sancho Gargallo (Universitat Pompeu Fabra - Law) addresses Private Enforcement of EU and National Competition Law. ABSTRACT: Domestic ordinary courts within the EU Member States are empowered to hear cases concerning damages actions arisen...


International Antitrust Enforcement and Multi-Market Contact

Posted on April 21, 2009
Posted by D. Daniel Sokol Jay Pil Choi, Michigan State University - Department of Economics and Heiko A. Gerlach, University of Auckland - Department of Economics focus their latest work on International Antitrust Enforcement and Multi-Market Contact...


Television Duopoly in Small Markets

Posted on April 21, 2009
Posted by D. Daniel Sokol Matthew Spitzer (Southern California - Law) addresses Television Duopoly in Small Markets. ABSTRACT: This article will show that, in general, allowing merger in small television markets is good for diversity in local news and public...


Models, Mathematics and Critical Loss

Posted on April 21, 2009
Posted by D. Daniel Sokol Malcolm Coate (FTC) and Joe Simons (Paul Weiss) have a nice, short and accessible piece for antitrust practitioners on Models, Mathematics and Critical Loss. ABSTRACT: Critical Loss is an empirical implementation of the hypothetical monopolist...


Is the U.S. Supreme Court Giving a New Shape to Antitrust Law?

Posted on April 20, 2009
Posted by D. Daniel Sokol Francisco Marcos of Instituto de Empresa Business School (and a judge of the Tribunal de Defensa de la Competencia de la Comunidad de Madrid) asks Is the U.S. Supreme Court Giving a New Shape to...


Loyalty/Requirement Rebates and the AMC: What is the Appropriate Liability Standard?

Posted on April 20, 2009
Posted by D. Daniel Sokol Nicholas Economides of the Stern School of Business - NYU asks, Loyalty/Requirement Rebates and the AMC: What is the Appropriate Liability Standard? ABSTRACT: I discuss and assess the various standards for establishing liability for loyalty...


Are Price Squeezes Anticompetitive?

Posted on April 20, 2009
Posted by D. Daniel Sokol Aaron Panner (Kellogg, Huber) asks Are Price Squeezes Anticompetitive? ABSTRACT: Assume that Defendant is a monopolist at the upstream level; that it produces a product at the downstream level; and that it also sells the...


Evolution and Change in Antitrust Law Networks, Access, and 'Essential Facilities': From Terminal Railroad to Microsoft

Posted on April 20, 2009
Posted by D. Daniel Sokol Marina Lao of Seton Hall law School has posted the interesting Evolution and Change in Antitrust Law Networks, Access, and 'Essential Facilities': From Terminal Railroad to Microsoft. ABSTRACT: Microsoft's well-publicized antitrust troubles in the US...


Antitrust Transitions

Posted on April 17, 2009
Posted by D. Daniel Sokol Spencer Waller of Chicago Loyola Law School and Jennifer Woods of Chicago Loyola Law School review the Antitrust Section of the American Bar Association and the American Antitrust Institute reports for the Obama Administration in...


Margin Squeeze Abuses: The EU Perspective

Posted on April 17, 2009
Posted by D. Daniel Sokol Cecilio Madero (European Commission, DG Competition), Iratxe Gurpegui Ballesteros (European Commission, DG Competition) & Ana Malheiro (European Commission, DG Competition) describe Margin Squeeze Abuses: The EU Perspective. ABSTRACT: In the recent years, the European Commission...


The Google Book Search Settlement: A New Orphan-Works Monopoly?

Posted on April 17, 2009
Posted by D. Daniel Sokol Randy Picker of the University of Chicago Law School has just posted The Google Book Search Settlement: A New Orphan-Works Monopoly? This paper considers the proposed settlement agreement between Google and the Authors Guild relating...


Competition, the Crisis and the Road to Recovery

Posted on April 17, 2009
Posted by D. Daniel Sokol Neelie Kroes, European Commissioner for Competition Policy, recently gave a speech on Competition, the Crisis and the Road to Recovery.


Let Us Put Markets to the Service of the Good Society

Posted on April 16, 2009
Posted by D. Daniel Sokol An op-ed piece in the Financial Times on Tuesday suggests the need to make a break from Chicago School economics. Among the points raised are, "From the world of high finance to the local high...


More Firms, More Competition: Is it Certain? The Case of the Fourth Operator in France's Mobile Telephony

Posted on April 16, 2009
Posted by D. Daniel Sokol Louis de Mesnard, University of Burgundy asks, More Firms, More Competition: Is it Certain? The Case of the Fourth Operator in France's Mobile Telephony. ABSTRACT: The French government plans to authorize a fourth operator to...


Beef Up Your Competitor: A Model of Advertising Cooperation Between Internet Search Engines

Posted on April 16, 2009
Posted by D. Daniel Sokol Geza Sapi (DIW Berlin - Economics) and Irina Suleymanova (DIW Berlin - Economics) write on Beef Up Your Competitor: A Model of Advertising Cooperation Between Internet Search Engines. ABSTRACT: We propose a duopoly model of....


Entry Barriers, Competition, and Technology Adoption

Posted on April 16, 2009
Posted by D. Daniel Sokol Lei Fang (Federal Reserve Bank of Atlanta) discusses Entry Barriers, Competition, and Technology Adoption. ABSTRACT: There are large differences in income per capita across countries. Growth accounting finds that a large part of the differences...


Competition in the Financial Sector: Overview of Competition Policies

Posted on April 16, 2009
Posted by D. Daniel Sokol Stijn Claessens (IMF) describes Competition in the Financial Sector: Overview of Competition Policies. ABSTRACT: Competition in the financial sector, as in other sectors, matters for allocative, productive, and dynamic efficiency...


Justice Department Requests Extension of Microsoft Final Judgment

Posted on April 16, 2009
Posted by D. Daniel Sokol DOJ has announced that it has extended the Microsoft Final Judgment by at least 18 months.


Diminishing Enforcement: Negative Effects for Deterrence of Mistaken Settlements and Misguided Competition Promotion and Advocacy

Posted on April 15, 2009
Posted by D. Daniel Sokol Francisco Marcos of Instituto de Empresa Business School (and a judge of the Tribunal de Defensa de la Competencia de la Comunidad de Madrid) discusses Diminishing Enforcement: Negative Effects for Deterrence of Mistaken Settlements and...


Detection of Anticompetitive Horizontal Mergers

Posted on April 15, 2009
Posted by D. Daniel Sokol Kai Hüschelrath (Centre for European Economic Research (ZEW)), has developed a method of Detection of Anticompetitive Horizontal Mergers. ABSTRACT: The paper develops a four-step framework to detect anticompetitive horizontal mergers...


Maintaining Tacit Collusion in Repeated Ascending Auctions

Posted on April 15, 2009
Posted by D. Daniel Sokol Owen R. Phillips (University of Wyoming - Economics) and Dale J. Menkhaus (University of Wyoming) provide us with the conditions of Maintaining Tacit Collusion in Repeated Ascending Auctions. ABSTRACT: In a repeated two?stage game, identical...


Competition, Monopoly, and Aftermarkets

Posted on April 15, 2009
Posted by D. Daniel Sokol Dennis W. Carlton (University of Chicago - Graduate School of Business) and Michael Waldman (Cornell - Johnson School of Business) address Competition, Monopoly, and Aftermarkets. ABSTRACT: Consider a durable goods producer that has the option...


The Concept of an 'Undertaking': The Boundaries of the Corporation - A Discussion of Agency, Employees and Subsidiaries

Posted on April 14, 2009
Posted by D. Daniel Sokol Christopher Townley (King's College, London - Law) offers his analysis on The Concept of an 'Undertaking': The Boundaries of the Corporation - A Discussion of Agency, Employees and Subsidiaries. ABSTRACT: A paper discussing the limits...


?I?m not sure there?s going to be a dramatic change in the FTC?s agenda going forward.?

Posted on April 14, 2009
Posted by D. Daniel Sokol In an interview with the Wall Street Journal, Richard Feinstein, the new incoming head of the Bureau of Competition at the FTC had some nice quotes: ?I?m not sure there?s going to be a dramatic...


The Neal Report and the Crisis in Antitrust

Posted on April 14, 2009
Posted by D. Daniel Sokol The ever prolific Herb Hovenkamp, University of Iowa College of Law, addresses The Neal Report and the Crisis in Antitrust. ABSTRACT: The Neal Report, which was commissioned by Lyndon Johnson and published in 1967, is...


Antitrust Summary Judgment and the Quick Look Approach

Posted on April 14, 2009
Posted by D. Daniel Sokol Edward Brunet (Lewis & Clark Law), writes on Antitrust Summary Judgment and the Quick Look Approach. ABSTRACT: Three methodological short cuts potentially streamline antitrust litigation. The availability of the per se approach provides a time...


FTC Management Team Annouced

Posted on April 14, 2009
Posted by D. Daniel Sokol An announcement from Lebowitz today provides details of his management team: Rich Feinstein, Director of the Bureau of Competition. Rich currently practices at Boies, Schiller. Some years back, he headed the health care shop under...


Competition Policy Issues in the Consumer Payments Industry

Posted on April 14, 2009
Posted by D. Daniel Sokol Nicholas Economides (NYU - Stern School of Business) provides an interesting take on Competition Policy Issues in the Consumer Payments Industry. ABSTRACT: We discuss the current structure of card networks that facilitate transactions between merchants...


Commssion's Guidance on Article 82 - May 11 Brussels

Posted on April 13, 2009
Posted by D. Daniel Sokol On 3 December 2008, the Commission released a long awaited ?Guidance Notice on its enforcement priorities in applying Article 82 of the EC Treaty to exclusionary abuses conduct by dominant undertakings?. This document, which has...


Screening for Conspiracies: Applications for Litigation, Pre-Litigation, Regulation and Internal Monitoring

Posted on April 13, 2009
Posted by D. Daniel Sokol Rosa M. Abrantes-Metz, LECG, and Patrick Bajari, U. Minnesota- Economics have an interesting paper on Screening for Conspiracies: Applications for Litigation, Pre-Litigation, Regulation and Internal Monitoring. ABSTRACT: A screen is a statistical test designed to...


Essays on Consumer Welfare and Competition Policy

Posted on April 13, 2009
Posted by D. Daniel Sokol Greg Werden of DOJ-Antitrust has written some Essays on Consumer Welfare and Competition Policy. ABSTRACT: The discourse on competition policy often uses the term "consumer welfare" but rarely is clear about its meaning or role...


Complex Bundled Discounts and Antitrust Policy

Posted on April 13, 2009
Posted by D. Daniel Sokol Herb Hovenkamp of the University of Iowa Law School and Erik N. Hovenkamp, University of Iowa - Department of Economics, B.S. Candidate 2009 (Herb's son?) have written an article on Complex Bundled Discounts and Antitrust...


From Formalism to Effects? ? The Commission?s Guidance on Article 82 EC

Posted on April 11, 2009
Posted by D. Daniel Sokol Nicolas Petit, University of Liege Law (and Howrey) discusses From Formalism to Effects? ? The Commission?s Guidance on Article 82 EC in his latest working paper. ABSTRACT: Recently, the Commission has sought to stray away...


The Economic Benefits of Credit Card Merchant Restraints: A Response to Adam Levitin

Posted on April 10, 2009
Posted by D. Daniel Sokol Steven Semeraro, Thomas Jefferson School of Law, offers The Economic Benefits of Credit Card Merchant Restraints: A Response to Adam Levitin. ABSTRACT: Adam Levitin's article, "Priceless?: The Economic Costs of Credit Card Merchant Restraints," 55...


Competition Authorities' Roundtable: The Reform of Competition Authorities and the 'Modernization' of Antitrust

Posted on April 10, 2009
Posted by D. Daniel Sokol University College London's (UCL) Centre for Law and Governance in Europe and Centre for Law and Economics (Regulation and Public Policy Section) are pleased to invite you to a COMPETITION AUTHORITIES? ROUNDTABLE: THE REFORM OF...


Sunny Samaritans and Egomaniacs: Price-Fixing in the Gamete Market

Posted on April 10, 2009
Posted by D. Daniel Sokol Kim Kraweic, UNC - Law discusses Sunny Samaritans and Egomaniacs: Price-Fixing in the Gamete Market in her latest article. ABSTRACT: This Article considers the market structure of the human egg (or "oocyte") donation business, particularly...


Sentencing Individuals In Antitrust Cases: The Proper Balance

Posted on April 09, 2009
Posted by D. Daniel Sokol Don Klawiter (Mayer Brown) and Jennifer Driscoll (Mayer Brown) engage in figuring out Sentencing Individuals In Antitrust Cases: The Proper Balance. ABSTRACT: Enforcement against cartels has been been the great success story of recent antitrust...


A Survey on the Economics of Behaviour-Based Price Discrimination

Posted on April 09, 2009
Posted by D. Daniel Sokol Rosa Branca Esteves (University of Minho, Portugal - Economics) provides A Survey on the Economics of Behaviour-Based Price Discrimination. ABSTRACT: Economists have long been interested in understanding the profit, consumer surplus and welfare effects of...


Free the Market

Posted on April 09, 2009
Posted by D. Daniel Sokol Plaintiff's lawyer Gary Reback has a new book out titled Free the Market. BOOK ABSTRACT: Antitrust rules affect just about every aspect of modern life, from the price of clothing to the availability of life-saving...


Shelanski From Berkeley to Georgetown

Posted on April 09, 2009
Posted by D. Daniel Sokol Howard Shelanski of Berkeley (Law), who heads the Berkeley Center for Law & Technology, has accepted a lateral offer at Georgetown University. He joins Bob Pitosfsky and Steve Salop. This is an important hire for...


Spatial Asymmetric Duopoly with an Application to Brussels' Airports

Posted on April 08, 2009
Posted by D. Daniel Sokol Fay Dunkerley (CES ? KU Leuven), Andre de Palma (Ecole Normale supérieure de Cachan and Ecole Polytechnique) and Stef Proost (CES ? KU Leuven) assess Spatial Asymmetric Duopoly with an Application to Brussels' Airports. ABSTRACT:...


Happy Passover

Posted on April 08, 2009
Posted by D. Daniel Sokol Tonight Jews around the world begin the observance of the holiday of Passover, the holiday that celebrates the Exodus from Egypt and the liberation of the Jewish people from slavery. Although Adam Sandler has not...


The Impact of Price Discrimination on Revenue: Evidence from the Concert Industry

Posted on April 08, 2009
Posted by D. Daniel Sokol Pascal Courty (Economics, European University Institute) and Mario Pagliero (Economics and Finance, University of Turin, and Collegio Carlo Alberto) provide evidence of The Impact of Price Discrimination on Revenue: Evidence from the Concert Industry...


Antitrust in the Not?for?Profit Sector

Posted on April 08, 2009
Posted by D. Daniel Sokol Tomas J. Philipson (University of Chicago - Harris School of Public Policy) and Richard A. Posner (University of Chicago - Law) analyze Antitrust in the Not?for?Profit Sector. ABSTRACT: Although the not?for?profit sector contributes greatly to...


Can the Commission use Article 82EC to Combat Tacit Collusion?

Posted on April 07, 2009
Posted by D. Daniel Sokol Felix E. Mezzanotte (University of East Anglia - Centre for Competition Policy) asks Can the Commission use Article 82EC to Combat Tacit Collusion? ABSTRACT: Recent events suggest that Article 82 may prohibit abusive and tacitly...


Carte Blanche, Quanta, & Competition

Posted on April 07, 2009
Posted by D. Daniel Sokol My co-blogger Shubha Ghosh (University of Wisconsin - Law) has just posted Carte Blanche, Quanta, & Competition. ABSTRACT: This paper, prepared for a symposium by the Journal of Corporation Law at The University of Iowa...


Competition Policy, Bailouts and the Economic Crisis

Posted on April 07, 2009
Posted by D. Daniel Sokol In an interesting new paper, Bruce Lyons (School of Economics and the ESRC Centre for Competition Policy, University of East Anglia) discusses Competition Policy, Bailouts and the Economic Crisis. ABSTRACT: The aims of this paper...


International Antitrust in a World Without a Center - Conference Registration is Now Open

Posted on April 07, 2009
Posted by D. Daniel Sokol On June 18, the American Antitrust Institute will host its 10th annual conference at the National Press Club in Washington, DC. This year's conference is titled "International Antitrust in a World Without a Center" and...


The Gary Dinners and the Meaning of Concerted Action

Posted on April 06, 2009
Posted by D. Daniel Sokol My colleague Bill Page has posted an interesting historical work on The Gary Dinners and the Meaning of Concerted Action. ABSTRACT: Between 1907 and 1911, executives of American steel manufacturers gathered in a series of...


Fulbright to Teach Competition Law and Economics

Posted on April 06, 2009
Posted by D. Daniel Sokol The Fulbright list of countries seeking visiting US academics and practitioners has been posted for the August 2009 deadline. Though it is possible to undertake antitrust law research or teaching in a number of different...


Private Labels, Brands and Competition Policy: The Changing Landscape of Retail Competition

Posted on April 06, 2009
Posted by D. Daniel Sokol Ariel Ezrachi of University of Oxford's Faculty of Law is the editor of the Private Labels, Brands and Competition Policy: The Changing Landscape of Retail Competition. BOOK ABSTRACT: The growing use of private labels in...


Upstream Competition and Downstream Buyer Power

Posted on April 06, 2009
Posted by D. Daniel Sokol Howard Smith (Oxford - Economics) and John Thanassoulis (Oxford - Economics) bring us Upstream Competition and Downstream Buyer Power. ABSTRACT: It is often claimed that large buyers wield buyer power. Existing theories of this effect...


Unsettling Drug Patent Settlements: A Framework for Presumptive Illegality

Posted on April 05, 2009
Posted by D. Daniel Sokol Michael Carrier (Rutgers - Camden) describes Unsettling Drug Patent Settlements: A Framework for Presumptive Illegality. ABSTRACT: A tidal wave of high drug prices has recently crashed across the U.S. economy. One of the primary culprits...


The Cartel Project ? Website Launched

Posted on April 04, 2009
Posted by D. Daniel Sokol In coming months long-awaited and at times controversial legislation criminalising serious cartel conduct will be passed by the Australian Parliament. I am writing to bring to your attention an important research project led by the...


Patents, Property and Competition Policy

Posted on April 03, 2009
Posted by D. Daniel Sokol Herb Hovenkamp,University of Iowa College of Law has posted Patents, Property and Competition Policy. ABSTRACT: The decision to regulate involves the identification of markets where simple assignment of property rights is not sufficient to ensure...


The Darker Side of the Moon: Assessment of Excessive Pricing and Proposal for a Post-Entry Price-Cut Benchmark

Posted on April 03, 2009
Posted by D. Daniel Sokol Ariel Ezrachi of University of Oxford's Faculty of Law and David Gilo of Tel Aviv University Law School address The Darker Side of the Moon: Assessment of Excessive Pricing and Proposal for a Post-Entry Price-Cut...


Vertical Competition, Horizontal Competition and Market Power

Posted on April 03, 2009
Posted by D. Daniel Sokol Robert Steiner analyzes Vertical Competition, Horizontal Competition and Market Power in the Antitrust Bulletin. ABSTRACT: Buyer power is the subject of this special issue. Buyer power is one of a series of interrelated vertical and...


The Effects of Retail Regulations on Prices: Evidence from the Loi Galland

Posted on April 02, 2009
Posted by D. Daniel Sokol Pierre Biscourp (ENSAE), Xavier Boutin (INSEE and CREST-LEI), and Thibaud Verge (CREST-LEI) describe The Effects of Retail Regulations on Prices: Evidence from the Loi Galland. ABSTRACT: In 1997, a new legislation banning below-invoice retail prices...


Concentrated Media is Something We Can't Ignore: A Response to Speaker Pelosi

Posted on April 02, 2009
Posted by D. Daniel Sokol Maurice Stucke of the University of Tennessee Law School explains that Concentrated Media is Something We Can't Ignore: A Response to Speaker Pelosi. ABSTRACT: This essay briefly responds to a request that the U.S. Department...


On the Measurement of Market Power in the Banking Industry

Posted on April 02, 2009
Posted by D. Daniel Sokol Manthos Delis (University of Ioannina Department of Economics), Christos Staikouras (Athens Universtiy of Economics and Business, Greece) and Panagiotis Varlagas provide their thoughts On the Measurement of Market Power in the Banking Industry...


Patents in Motion: The Troubling Implications of the N-Data Settlement

Posted on April 02, 2009
Posted by D. Daniel Sokol Anne Layne-Farrar (LECG) suggests all is not well with the FTC in Patents in Motion: The Troubling Implications of the N-Data Settlement. ABSTRACT: A little over a year ago, in January 2008, the Federal Trade...


Bocconi University in Milan is Looking to hire a junior professor in Antitrust/Competition Law

Posted on April 01, 2009
Posted by D. Daniel Sokol BOCCONI UNIVERSITY Milan, Italy Angelo Sraffa Department of Law Assistant Professor Positions The Angelo Sraffa Department of Law of Bocconi University, Milan (Italy) - http://www.unibocconi.eu - invites applications for two positions at the junior faculty...


Ecuador's New Competition Regime

Posted on April 01, 2009
Posted by D. Daniel Sokol Ecuador has a new competition regime, utilizing the Andean Community's competition policy Decision 608. Download DECRETO EJECUTIVO 1614-APLICACIÓN DECISIÓN 608-COMPETENCIA


Anti-Competitive Effects of Resale-Below-Cost Laws

Posted on April 01, 2009
Posted by D. Daniel Sokol Marie-Laure Allain (Department of Economics, Ecole Polytechnique) and Claire Chambolle (Department of Economics, Ecole Polytechnique) describe the Anti-Competitive Effects of Resale-Below-Cost Laws. ABSTRACT: We show that resale-below-cost laws enable producers to impose industry-wide price-floors to...


Abuse of dominant position case in China

Posted on April 01, 2009
posted by Shubha Ghosh From Paul Jones, ...


OECD Job Opening in the Competition Division ? Deadline for applications is 4 April, 2009

Posted on April 01, 2009
Posted by D. Daniel Sokol The OECD is looking for a young lawyer or an economist with expertise in competition law enforcement and policy. S/he will be supporting senior lawyers and economists of the OECD Competition Division in the organisation...


Recent Developments in the United States, EU, and Asia at the Intersection of Antitrust and Patent Law

Posted on March 31, 2009
Posted by D. Daniel Sokol For an overview of the intersection of antitrust and IP around the world, see Recent Developments in the United States, EU, and Asia at the Intersection of Antitrust and Patent Law by a Jones Day...


UK Competition Commissions Appoints New Members

Posted on March 31, 2009
Posted by D. Daniel Sokol The UK Competition Commission has appointed new members according to a press release. Robin Aaronson has been appointed as a reporting panel member from 1 April 2009 to 31 March 2017. Robin is an economist...


The Intersection of Antitrust, Patents, and FDA Law: The TriCor Litigation

Posted on March 31, 2009
Posted by D. Daniel Sokol Richard Epstein of the University of Chicago Law School describes The Intersection of Antitrust, Patents, and FDA Law: The TriCor Litigation. ABSTRACT: The purpose of this brief essay is to address the interconnections among three...


Competition Law, Cartel Enforcement & Leniency Program

Posted on March 31, 2009
Posted by D. Daniel Sokol Danilo Sama (LUISS "Guido Carli" University of Rome) provides insights into Competition Law, Cartel Enforcement & Leniency Program. ABSTRACT: The present assessment focuses the attention on the antitrust action in detecting and fighting oligopolistic collusion,...


Horizontal Mergers, Involuntary Unemployment, and Welfare

Posted on March 30, 2009
Posted by D. Daniel Sokol Oliver Budzinski, University of Southern Denmark - Department of Environmental and Business Economics Jürgen-Peter Kretschmer, Philipps University Marburg - Economics offer their thoughts on Horizontal Mergers, Involuntary Unemployment, and Welfare...


The Impact of Firm Size and Market Size Asymmetries on National Mergers in a Three-Country Model

Posted on March 30, 2009
Posted by D. Daniel Sokol Luis Santos-Pinto (University of Lausanne Faculty of Business and Economics) describes The Impact of Firm Size and Market Size Asymmetries on National Mergers in a Three-Country Model. ABSTRACT: This paper studies the impact of firm...


Generating Evidence to Guide Merger Enforcement

Posted on March 30, 2009
Posted by D. Daniel Sokol An interesting paper by Orley Ashenfelter (Princeton - Economics), Daniel Hosken (FTC) and Matthew Weinberg (FTC) discusses Generating Evidence to Guide Merger Enforcement. ABSTRACT: The challenge of effective merger enforcement is tremendous...


Market Sharing and Price Leadership

Posted on March 30, 2009
Posted by D. Daniel Sokol Ante Farm (Swedish Institute for Social Research, Stockholm University) addresses Market Sharing and Price Leadership in a new working paper. ABSTRACT: This paper proposes an alternative to the traditional model of supply and demand in...


Blog Symposium on Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law

Posted on March 29, 2009
Posted by D. Daniel Sokol On March 30th and 31st, our friends at Truth on the Market will hold their first blog symposium. The topic will be Michael Carrier?s (Rutgers) forthcoming book: Innovation for the 21st Century: Harnessing the Power...


Merger Review of Firms in Financial Distress

Posted on March 28, 2009
Posted by D. Daniel Sokol Yesterday at the ABA Antitrust Section Spring Meeting, I bumped into DOJ superstar Ken Heyer prior to my session. Ken let me know that his new paper with Sheldon Kimmel (also of DOJ), Merger Review...


Why Different Jurisdictions Do Not (and Should Not) Adopt the Same Antitrust Rules

Posted on March 27, 2009
Posted by D. Daniel Sokol David Evans (University of Chicago, University College London, LECG) makes the persuasive case Why Different Jurisdictions Do Not (and Should Not) Adopt the Same Antitrust Rules. ABSTRACT: This article summarizes the theory on the optimal...


Regulating Interoperability: Lessons from AT&T, Microsoft, and Beyond

Posted on March 27, 2009
Posted by D. Daniel Sokol Phil Weiser at the University of Colorado Law School discusses Regulating Interoperability: Lessons from AT&T, Microsoft, and Beyond. ABSTRACT: Antitrust law confronted the challenges of regulating interoperability between platforms and applications in both the AT&T...


What Drives Channel Choice in Grocery Shopping?

Posted on March 26, 2009
Posted by D. Daniel Sokol In light on the FTC case against Whole Foods, we have increased interest here at the blog on supermarket issues. Pradeep K. Chintagunta (University of Chicago Booth-Business), Junhong Chu (NUS Business School) and Javier Cebollada-Calvo,...


Revitalizing Section 5 of the FTC Using 'Consumer Choice' Analysis

Posted on March 26, 2009
Posted by D. Daniel Sokol Robert H. Lande of the University of Baltimore Law School suggests Revitalizing Section 5 of the FTC Using 'Consumer Choice' Analysis. ABSTRACT: This paper makes two points. First, Section 5 of the FTC Act, properly...