Corporate & Securities Law

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.

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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...

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