Corporate & Securities Law

Cheap Exclusion: Role and Limits

Posted on January 20, 2009
Posted by D. Daniel Sokol Patricia Schultheiss and William E. Cohen of the FTC discuss Cheap Exclusion: Role and Limits. ABSTRACT: This paper examines the legal and policy issues related to using section 2 to prosecute such cases. Section II...

Horizontal market concentration: Theoretical Insights From the Spatial Models

Posted on January 20, 2009
Posted by D. Daniel Sokol Andreea Cosnita-Langlais (EconomiX, Université Paris Ouest-Nanterre la Défense (Paris X)) gives some thought to Horizontal market concentration: Theoretical Insights From the Spatial Models. ABSTRACT: This paper aims to further advance the study of horizontal mergers...

The Future of International Antitrust and Improving Antitrust Agency Capacity

Posted on January 19, 2009
Posted by D. Daniel Sokol I am posting my essay that recently appeared in the Northwestern University Law Review Colloquy on The Future of International Antitrust and Improving Antitrust Agency Capacity. Put in the style of the blog posts on...

The Mccarran-Ferguson Exemption from the United Stated Antitrust Laws: Recent Developments

Posted on January 19, 2009
Posted by D. Daniel Sokol Beth Farmer of Penn State Law writes on The Mccarran-Ferguson Exemption from the United Stated Antitrust Laws: Recent Developments. ABSTRACT: This paper was presented at a conference sponsored by the Korean Competition Law Association on...

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Canadian Competition Bureau Seeks Comments on Abuse of Dominance Guidelines

Posted on January 19, 2009
Posted by D. Daniel Sokol According to a press release: The Competition Bureau is seeking public comments on its Draft Abuse of Dominance Guidelines. These Guidelines outline the Bureau's approach to enforcing the abuse of dominance provisions under the Competition...

Crisis Cartels OK in Korea?

Posted on January 19, 2009
Posted by D. Daniel Sokol A client alert by the excellent Jones Day antitrust team provides the following news: On December 18, 2008, the primary competition law agency of Korea, the Korea Fair Trade Commission ("KFTC"), submitted to the President...

EC Attacks Microsoft (Again)

Posted on January 18, 2009
Posted by D. Daniel Sokol The Financial Times notes that Internet Explorer is the target this time.

Financial Strength as a Relevant Criterion in EC Merger Analysis: A Search for Meaning

Posted on January 17, 2009
Posted by D. Daniel Sokol Christopher Bright (Shearman & Sterling) and John Schmidt (Shepherd and Wedderburn) discuss Financial Strength as a Relevant Criterion in EC Merger Analysis: A Search for Meaning in a new article. ABSTRACT: The concept that a...

Product Bundling: The Implications of the Recent Australian Full Federal Court Decision in ACCC v. Baxter Healthcare

Posted on January 16, 2009
Posted by D. Daniel Sokol Richard Owens, DLA Phillips Fox discusses Product Bundling: The Implications of the Recent Australian Full Federal Court Decision in ACCC v. Baxter Healthcare. ABSTRACT: The Australian Full Federal Court has recently issued its decision in...

Prominence and Consumer Search: The Case With Multiple Prominent Firms

Posted on January 16, 2009
Posted by D. Daniel Sokol Jidong Zhou (Department of Economics, University College London) discusses Prominence and Consumer Search: The Case With Multiple Prominent Firms. ABSTRACT: This paper extends Armstrong, Vickers, and Zhou (2007) to the case with multiple prominent firms...

Bush, Clinton, Bush: Twenty Years of Merger Enforcement at the Federal Trade Commission

Posted on January 16, 2009
Posted by D. Daniel Sokol Malcolm B. Coate of the FTC's Bureau of Economics offers a retrospective on Bush, Clinton, Bush: Twenty Years of Merger Enforcement at the Federal Trade Commission. ABSTRACT: The Hart Scott Rodino program, coupled with the...

Reuters Picks Elhauge and Leibowitz as Likely DOJ/FTC Heads

Posted on January 15, 2009
Posted by D. Daniel Sokol See the story here.

Reflections on the Antitrust Modernization Commission's Report and Recommendations Relating to the Antitrust/IP Interface

Posted on January 15, 2009
Posted by D. Daniel Sokol Tom Cotter of the University of Minnesota Law School provides some Reflections on the Antitrust Modernization Commission's Report and Recommendations Relating to the Antitrust/IP Interface. ABSTRACT: The Antitrust Modernization Commission's (AMC's) recommendations relating to the...

The Perils of Antitrust Proliferation - The Process of 'Decentralized Globalization' and the Risks of Over-Regulation of Competitive Behaviour

Posted on January 15, 2009
Posted by D. Daniel Sokol Damien Geradin, Tilburg University - Tilburg Law and Economics Center (TILEC) and College of Europe has an interested new paper on The Perils of Antitrust Proliferation - The Process of 'Decentralized Globalization' and the Risks...

Comments on New DOJ Guidelines for its Leniency Program

Posted on January 15, 2009
Posted by D. Daniel Sokol Tiffany M. Joslyn, Research Counsel, White Collar Crime Project of the National Association of Criminal Defense Lawyers (NACDL) offers a very brief piece on the recent changes to the DOJ Antitrust Division Leniency Program guidelines...

Draft Commission Guidelines on the Assessment of Non-Horizontal Mergers: Do They 'Defend' the Efficiency Defence?

Posted on January 15, 2009
Posted by D. Daniel Sokol Alexandr Svetlicinii, European University Institute - Department of Law asks, Draft Commission Guidelines on the Assessment of Non-Horizontal Mergers: Do They 'Defend' the Efficiency Defence? ABSTRACT: The Draft Guidelines on the assessment of non-horizontal mergers...

Antitrust Systems: Searching Similarities between East Asia and Chile

Posted on January 14, 2009
Posted by D. Daniel Sokol Crispulo Marmolejo, Universidad Santo Tomas - Chile, Law discusses Antitrust Systems: Searching Similarities between East Asia and Chile. ABSTRACT: This paper analyzes the main characteristics of the Antitrust Laws applied to the experiences of three...

An Introduction to Statistics in Antitrust Litigation

Posted on January 14, 2009
Posted by D. Daniel Sokol Now on offer is what looks to be an amazingly useful class on An Introduction to Statistics in Antitrust Litigation by Professor Michael Salinger. This course provides an introduction to the use of expert statistical...

Why the Filed Rate Doctrine Should Not Imply Blanket Judicial Deference to Regulatory Agencies

Posted on January 14, 2009
Posted by D. Daniel Sokol Jim Rossi, Florida State University College of Law argues Why the Filed Rate Doctrine Should Not Imply Blanket Judicial Deference to Regulatory Agencies. ABSTRACT: The filed rate doctrine is a venerable doctrine of public utility...

Two Forms of Modernization in European Competition Law

Posted on January 14, 2009
Posted by D. Daniel Sokol David Gerber of Chicago Kent Law discusses Two Forms of Modernization in European Competition Law. ABSTRACT: In European competition law, the term "modernization" has been a catchword and focus of attention since the late 1990s...

Antitrust Evaluation of Horizontal Mergers: An Economic Alternative to Market Definition

Posted on January 13, 2009
Posted by D. Daniel Sokol Joseph Farrell, University of California, Berkeley - Department of Economics, and Carl Shapiro, University of California, Berkeley - Haas School of Business argue for Antitrust Evaluation of Horizontal Mergers: An Economic Alternative to Market Definition...

Maximal Cartel Pricing and Leniency Programs

Posted on January 13, 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 Maximal Cartel Pricing and Leniency Programs...

New Antitrust Realism

Posted on January 13, 2009
Posted by D. Daniel Sokol Maurice Stucke of the University of Tennessee Law School argues for New Antitrust Realism in a forthcoming piece. ABSTRACT: In the midst of a failing economy, the incoming Obama administration will not likely adopt its...

Ex Post Regulation Facilitates Collusion

Posted on January 13, 2009
Posted by D. Daniel Sokol Patrick Beschorner, Centre for European Economic Research, argues that Ex Post Regulation Facilitates Collusion. ABSTRACT: Under ex ante access regulation entrants often claim that access fees are excessive. I show that this is only the...

Competition Policy in Times of Global Crisis

Posted on January 12, 2009
Posted by D. Daniel Sokol Juan Antonio Riviere of the European Commission has written on Competition Policy in Times of Global Crisis. Download blc24_en_competition_policy_in_times_of_global_crisis.pdf

Why Two US Antitrust Agencies?

Posted on January 12, 2009
Posted by D. Daniel Sokol With an increasing push by the FTC to create a different merger review standard and with conduct cases brought under the FTC Act strategically over the use of the Sherman Act, and with a change...

COMESA Launches Fair Competition Commission

Posted on January 12, 2009
Posted by D. Daniel Sokol Eastern and Southern Africa now has antitrust coverage as COMESA Launches Fair Competition Commission.

Price Discrimination Between Retailers With and Without Market Power

Posted on January 12, 2009
Posted by D. Daniel Sokol Barick Chung (Department of Economics, Chinese University of Hong Kong) and Eric Rasmusen (Department of Business Economics and Public Policy, Indiana University Kelley School of Business) discuss Price Discrimination between Retailers with and without Market...

The Effects of Capacity on Sales Under Alternative Vertical Contracts

Posted on January 11, 2009
Posted by D. Daniel Sokol Ioannis Ioannou (PhD student, Harvard Business School), Julie Holland Mortimer (Harvard - Economics), and Richard Mortimer (Analysis Group) explain the The Effects of Capacity on Sales Under Alternative Vertical Contracts. ABSTRACT: Retailer capacity decisions can...

Sustaining Collusion in Growing Markets

Posted on January 09, 2009
Posted by D. Daniel Sokol Helder Vasconcelos (Universidade Católica Portuguesa - Economics) provides some thoughts on Sustaining Collusion in Growing Markets. ABSTRACT: The impact of demand growth on the collusion possibilities is investigated in a Cournot supergame where market growth...

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