Corporate & Securities Law

Tales from the Crypt.? Episodes ?08 and ?09: The Return of Section 5 (?Unfair Methods of Competition in Commerce are Hereby Declared Unlawful)

Posted on December 21, 2008
Posted by D. Daniel Sokol A speech by Commissioner Jon Leibowitz at the FTC Workshop: Section 5 of the FTC Act titled Tales from the Crypt.? Episodes ?08 and ?09: The Return of Section 5 (?Unfair Methods of Competition in...

Bundeskartellamt 14th International Conference on Competition

Posted on December 20, 2008
Posted by D. Daniel Sokol Bundeskartellamt 14th International Conference on Competition Download Agenda Sunday, 26 April 2009 from 13.00 h Registration at Hotel GRAND ELYSEE, Hamburg Programme of social events 15.00 h City and harbour sightseeing tour Evening programme18...

Wintel: Cooperation and Conflict

Posted on December 19, 2008
Posted by D. Daniel Sokol Ramon Casadesus-Masanell, Harvard Business School and David Yoffie, Harvard Business School describe Wintel: Cooperation and Conflict. ABSTRACT: We study competitive interactions between Intel and Microsoft, two producers of complementary products...

Commission adopts temporary framework for Member States to tackle effects of credit squeeze on real economy

Posted on December 19, 2008
Posted by D. Daniel Sokol In a press release, the European Commission has outlined how to address the financial crisis. As the press release reports, "All measures are limited until the end of 2010 and subject to conditions. Based on...

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Innovation, Imitation and Open Source

Posted on December 19, 2008
Posted by D. Daniel Sokol Rufus Pollock (Research Fellow, University of Cambridge), has written on Innovation, Imitation and Open Source. ABSTRACT: An extensive empirical literature indicates that, even without formal intellectual property rights, innovators enjoy a variety of first-mover advantages...

Commitment Decisions under Art. 9 of Regulation 1/2003: The Developing EC Practice and Case Law

Posted on December 19, 2008
Posted by D. Daniel Sokol Heike Schweitzer of the European University Institute - Department of Law addresses Commitment Decisions under Art. 9 of Regulation 1/2003: The Developing EC Practice and Case Law in her latest working paper. ABSTRACT: The so-called...

Duopoly Competition in Supermarket Industry: The Case of Seattle-Tacoma Milk Market

Posted on December 18, 2008
Posted by D. Daniel Sokol Members of the antitrust community certainly have noticed a relatively high price of milk. A new paper, Duopoly Competition in Supermarket Industry: The Case of Seattle-Tacoma Milk Market, by Benaissa Chidmi (Texas Tech - Agriculture...

'Consumer' Versus 'Customer': the Devil in the Detail

Posted on December 18, 2008
Posted by D. Daniel Sokol Pinar Akman (Centre for Competition Policy, University of East Anglia) writes on 'Consumer' Versus 'Customer': the Devil in the Detail. ABSTRACT: The ultimate objective of EC competition rules is arguably the enhancement of ?consumer welfare?...

The Financial Crisis and Competition Policy: Some Economics

Posted on December 18, 2008
Posted by D. Daniel Sokol John Vickers of the University of Oxford Economics Department provides some critical insights into The Financial Crisis and Competition Policy: Some Economics. ABSTRACT: It is a familiar pattern that when the going gets tough, some...

The UK Cartel Offence: Lame Duck or Black Mamba?

Posted on December 18, 2008
Posted by D. Daniel Sokol Andreas Stephan of the University of East Anglia Centre for Competition Policy offers his thoughts on The UK Cartel Offence: Lame Duck or Black Mamba? ABSTRACT: A criminal offence requiring Ghosh dishonesty was introduced in...

Presenting Complex Economic Theories to Judges

Posted on December 17, 2008
Posted by D. Daniel Sokol The OECD has published Presenting Complex Economic Theories to Judges.

The Intellectual Property-Antitrust Interface

Posted on December 17, 2008
Posted by D. Daniel Sokol Herb Hovenkamp,University of Iowa College of Law, has a new piece on The Intellectual Property-Antitrust Interface. ABSTRACT: This historical overview examines the relationship between antitrust policy and intellectual property in the United States since 1890...

Preserving Competition After the Banking Meltdown

Posted on December 17, 2008
Posted by D. Daniel Sokol Bert Foer of the American Antitrust Institute has written on Preserving Competition After the Banking Meltdown. ABSTRACT: The Great Banking Meltdown of 2008, which may yet metastasize into the Even Greater Depression, has already resulted...

Incentives and China's New Antimonopoly Law

Posted on December 17, 2008
Posted by D. Daniel Sokol Fei Deng (NERA) and Gregory K. Leonard (NERA) discuss Incentives and China's New Antimonopoly Law. ABSTRACT: The People's Republic of China recently enacted a new, comprehensive Antimonopoly Law (AML) that will go into effect in...

What Bank Mergers Mean for Credit Cards

Posted on December 16, 2008
Posted by D. Daniel Sokol David Balto (Center for American Progress)has written on What Bank Mergers Mean for Credit Cards. ABSTRACT: The continuing financial crisis has led to calls for greater financial services consolidation?under the premise that consolidation will enable...

The Effectiveness of Mobile Wireless Service as a Competitive Constraint on Landline Pricing: Was the DOJ Wrong?

Posted on December 16, 2008
Posted by D. Daniel Sokol William E. Taylor (NERA) and Harold Ware (NERA) ask about The Effectiveness of Mobile Wireless Service as a Competitive Constraint on Landline Pricing: Was the DOJ Wrong? ABSTRACT: The US Department of Justice (DOJ) recently...

Antitrust Enforcement During National Crises: An Unhappy History

Posted on December 16, 2008
Posted by D. Daniel Sokol Daniel Crane of Cardozo Law School offers insightful analysis Antitrust Enforcement During National Crises: An Unhappy History. ABSTRACT: In 1940, while head of the Justice Department?s Antitrust Division ("DOJ"), Thurman Arnold published The Bottlenecks of...

On the French Mobile Phone Cartel

Posted on December 16, 2008
Posted by D. Daniel Sokol Louis de Mesnard, University of Burgundy provides his thoughts On the French Mobile Phone Cartel. ABSTRACT: France Telecom (FT), SFR and Bouygues Telecom (BT) have been fined by France's Conseil de la Concurrence (CC) for...

Article 82 and Section 2: Abuse and Monopolizing Conduct

Posted on December 16, 2008
Posted by D. Daniel Sokol Barry E. Hawk (Skadden and Fordham Law) provides his thoughts on Article 82 and Section 2: Abuse and Monopolizing Conduct. Barry is among those uniquely situated to provide this sort of comparative perspective. Barry taught....

Competition ... in Law School

Posted on December 15, 2008
Posted by D. Daniel Sokol I am in the midst of grading final exams. Some students have really amazed me with their grasp of the material.

The Transmission of Price Trends from Consumers to Producers and Tests of Market Power

Posted on December 15, 2008
Posted by D. Daniel Sokol Driss Lkassbi, Gale E. West, and J. Stephen Clark (all of Laval University - Nova Scotia Agricultural College) have a new paper on The Transmission of Price Trends from Consumers to Producers and Tests of...

Competition Policy and Interesting Times

Posted on December 15, 2008
Posted by D. Daniel Sokol UK Competition Commission Chairman Peter Freeman's speech at the Competition Forum earlier this month, Competition Policy and Interesting Times, is now available. The most important point he makes is "Credibility of competition enforcement must be...

Margin Squeeze in Fixed-Network Telephony Markets ? Competitive or Anticompetitive?

Posted on December 15, 2008
Posted by D. Daniel Sokol Wolfgang Briglauer (Austrian Regulatory Authority for Broadcasting and Telecommunications (RTR), Economics Division), Georg Götz (Justus-Liebig-University Gießen, Department of Economics), and Anton Schwarz (Austrian Regulatory Authority for Broadcasting and Telecommunications (RTR), Economics Division) ask Margin Squeeze...

Optimal Auctions When a Seller is Bound to Sell to Collusive Bidders

Posted on December 15, 2008
Posted by D. Daniel Sokol Nicolas Gruyer (LEEA (air transport economics laboratory), ENAC) considers Optimal Auctions When a Seller is Bound to Sell to Collusive Bidders in his latest working paper. ABSTRACT: I consider optimal auctions for a seller who...

The Effects of Bank Mergers on Small Business Lending in Germany

Posted on December 14, 2008
Posted by D. Daniel Sokol Thomas Bloch of Goethe University Frankfurt, Finance Department examines The Effects of Bank Mergers on Small Business Lending in Germany. ABSTRACT: In this paper, we examine the impact of mergers among German savings banks on...

Ethics Developments in Antitrust: From the Boardroom to the Outside Lawyers

Posted on December 13, 2008
Posted by D. Daniel Sokol The ABA Antitrust Section is putting together an interesting tele-seminar on Ethics Developments in Antitrust: From the Boardroom to the Outside Lawyers. Program Moderator Robert E. Hauberg, Jr., Baker, Donelson, Bearman, Caldwell & Berkowitz, PC,...

European Wax Cartel Members Will Be Burning the Midnight Oil ... In Jail

Posted on December 12, 2008
Posted by D. Daniel Sokol The NY Times has a lengthy article on the European wax cartel - a throwback to an earlier era: Most cartels operate in secrecy, destroying documents, encrypting e-mail messages or using prepaid phone cards to...

Second Annual Antitrust and Competition Policy Blog Best Article of the Year Competition - Save the Date

Posted on December 12, 2008
Posted by D. Daniel Sokol December 26, 2008 is the date when a group of experts from around the world will present our list of the best antitrust and competition policy articles of the year. To see last year's list,...

The Economic Approach to Antitrust Damages: Learning from Two Nobel Laureates and Three Common Mistakes

Posted on December 12, 2008
Posted by D. Daniel Sokol Richard T. Rapp (NERA) provides some lessons on The Economic Approach to Antitrust Damages: Learning from Two Nobel Laureates and Three Common Mistakes. ABSTRACT: Can it be true that the quality of damage estimation in...

Co-ordinated effects - What is the right analytical threshold?

Posted on December 12, 2008
Posted by D. Daniel Sokol As part of a joint OFT/CC endeavor, you can find the text of an economist roundtable discussion on Co-ordinated effects - What is the right analytical threshold? This is the second of two roundtable discussions...

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