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Corporate & Securities Law

Antitrust Review

Antitrust law and economics

Post Frequency: 2.5/day

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

Gates Foundation Under Antitrust Investigation

Posted on April 21, 2008
BBspot reports: … Bill Gates faced antitrust investigations in the US and abroad as CEO of Microsoft, and now the Bill and Melinda Gates Foundation may be coming under scrutiny for monopolistic charity practices. Donations are down at charities like the United Way, Red Cross and Catholic Charities of America, and the organizations are finding the outlets [...

Blawg Review #156

Posted on April 21, 2008
Blawg Review #156 is now available at Virtually Blind.

Whole Foods Appeal: Oral Argument

Posted on April 21, 2008
The oral argument for the appeal in FTC v. Whole Foods Market, Inc. (D.C. Cir. 07-5276) is scheduled for Wednesday, April 23rd, at 9:30. Whole Foods is the third case on the docket that morning. Judges: Tatel, Brown, and Kavanaugh. See you there.

Exclusionary conduct in Microsoft III

Posted on April 20, 2008
Here is a chart that summarizes Microsoft’s conduct and its evaluation by the D.C. Cir. in the Microsoft III case. A similar chart is included in my 2007 Antitrust and Innovation lecture slides, but this one corrects an error: The commingling of OS and IE code was found to be exclusionary...

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Poker Antitrust Lawsuit Settled

Posted on April 20, 2008
On Friday, the World Poker Tour and five professional poker players (Chris Ferguson, Andrew Bloch, Annie Duke, Phil Gordon, and Howard Lederer) settled the antitrust lawsuit brought by the players. According to the WPT Press Release: In their lawsuit, the poker players challenged WPT?s standard player?s release and contracts with casinos claiming that they [...

China to Join ICN

Posted on April 14, 2008
Bloomberg reports that Chinawill become a full member of the International Competition Network within a year, said Philip Collins, head of the Office of Fair Trading, in an April 10 interview in London. The move comes as China is taking steps to bring its competition laws in line with other nations, he said.

Blawg Review #155

Posted on April 14, 2008
Blawg Review #155 is now available at the California Blog of Appeal.

More on China?s Merger Control Regime

Posted on April 10, 2008
Following up on a previous post, here’s a brief article on China that I co-authored. The current edition of the Antitrust Magazine also has very useful, in depth discussions of China’s Anti-Monopoly Law by Lester Ross, Fei Deng, and Gregory Leonard...

Blawg Review #154

Posted on April 07, 2008
Blawg Review $154 is now available at HealthBlawg.

Young people are dumb and lazy

Posted on April 03, 2008
What’s up with McElhaney?Young people don’t read books; they don’t read papers. And when they say ‘write,’ they use computers to cobble together little snippets of information, have a spell-checker proof it, and even let the computer put in paragraph breaks...

Early Termination for JP Morgan/Bear Stearns

Posted on April 03, 2008
No big surprise here.

China Clarifies Merger Control Rules

Posted on April 03, 2008
China’s Legislative Affairs Office of the State Council recently clarified certain key provisions relating to merger control in the Anti-Monopoly Law, which will come into force on August 1, 2008. One of the stranger pronouncements is that “being the largest shareholder” now qualifies as an “acquisition of control” and thus as a concentration...

Commission White Paper on Private Damages Actions

Posted on April 03, 2008
The Commission published a White Paper on Private Damages Actions. While EU law clearly provides for the compensation of victims of antitrust violations, many member states have been slow in updating their rules of civil procedure to make the enforcement of such rights commercially viable...

Job Opening: Chief Antitrust Counsel At Wyeth

Posted on April 03, 2008
Congratulations to Ann Rappleye who�has been promoted to Assistant Vice President, Planning at Wyeth.��As a result, Ann DeVos�at Wyeth writes that they are looking for a Chief Antitrust Counsel.� The “primary objective” of the job: will be to serve as chief legal advisor and counselor on a broad range of domestic and international antitrust issues in [...

On The Move: James ?Hart? Holden

Posted on April 03, 2008
Congratulations to James “Hart” Holden who has joined Paul Hastings from Clifford Chance.� According to Paul Hastings: Paul, Hastings, Janofsky & Walker LLP (Paul Hastings), a leading international law firm, is pleased to announce that James “Hart” Holden, most recently co-chair of the antitrust practice at Crowe & Dunlevy PC, has joined the firm?s Corporate Department [...

DOJ Investigates Chocolate Price Fixing

Posted on April 03, 2008
On Tuesday, the Department of Justice confirmed that it is investigating price fixing in the chocolate industry.� According to the Wall Street Journal: The investigation, which had been previously reported, had not been acknowledged by the federal officials...

Announcement: Patents and the Commercialization of Innovation

Posted on April 03, 2008
Here is a heads-up on what promises to be an interesting Conference coming up in May: The Law and Economics of Innovation: Patents and the Commercialization of Innovation May 15, 2008, Arlington, VA The George Mason/Microsoft Conference Series on the Law and Economics of Innovation will bring together leading academics to present [...

2008 ABA Section of Antitrust Law Spring Meeting

Posted on April 02, 2008
Last week the ABA Section of Antitrust Law held its Spring Meeting in Washington, DC. The meeting attracts several thousand antitrust lawyers and economists and features numerous panel discussions of various antitrust and consumer protection issues.� There is also, of course, a lot of socializing and networking...

April 1 Antitrust Notes

Posted on April 01, 2008
The American Antitrust Institute reports the ABA Section of Antitrust Law has been sued by the American Anti-Rust Institute: Washington attorney Timothy J. Muris, speaking at a gathering of the ABA Antirust Section, declared that confusion between rust and trust is easy to explain, in that the recent evaporation of the nation?s secretarial pool has left [...

FTC and DOJ To Participate in Google?s Custom Time Electronic Filing Program

Posted on April 01, 2008
Google just rolled out its much anticipated “custom time” email feature, allowing users to backdate emails. This feature has proven successful in auctions and first-come-first-serve raffles. The Pre-Merger Office is expected to announce that it will accept HSR filings submitted through the Google program...

Blawg Review #153

Posted on March 31, 2008
Blawg Review #153 is now available at Declarations and Exclusions.

Congratulations, Chairman Kovacic

Posted on March 26, 2008
Bill Kovacic will be the new Chairman of the Federal Trade Commission. Congratulations!

States Challenge Resale Price Maintenance Agreement; Settlement

Posted on March 26, 2008
In a complaint filed on 3/21/08 in the S.D.N.Y., the states of New York, Illinois, and Michigan challenged what appears to be a pure intra-brand resale price restraint between the manufacturer of the Aeron chair and its distributors. The manufacturer required the retailers not to advertise below a specified price...

Wal-Mart Expansion Animation

Posted on March 26, 2008
Here is a great animation of the growth of Wal-Mart starting with one store in Arkansas in 1962. The distribution efficiencies strategy is clearly visible. Wal-Mart is accepting some cannibalization from existing stores in order to reap maximum distribution efficiencies from the existing network...

ABA Section Of Antitrust Law Spring Meeting

Posted on March 25, 2008
The ABA Section of Antitrust Law’s Spring Meeting begins tomorrow and the Antitrust Review team will, as always, be there.� With luck and a good wi-fi connection we will try to post during the meeting and we certainly will post about it afterwards (including fashion commentary)...

Blawg Review #152

Posted on March 24, 2008
Blawg Review #152 is now available at Techno Lawyer.

DOJ Approves XM-Sirius Merger

Posted on March 24, 2008
Earlier today, DOJ approved the XM-Sirius merger.� The Washington Post reports: The deal was approved without conditions despite opposition from consumer groups and an intense lobbying campaign by the land-based radio industry. The combination still requires approval from the Federal Communications Commission, which prohibited a merger when it granted satellite radio operating licenses in 1997...

Health Care Clinical Intergration and Antitrust

Posted on March 18, 2008
The Federal Trade Commission will hold a public workshop on May 29, 2008 in Washington DC�regarding “collaborations between health care providers to improve the provision of health care services and reduce costs.”� According to the FTC: ?Clinical integration? is used to describe certain types of collaboration among otherwise independent health care providers to improve quality and [...

Blawg Review #151

Posted on March 16, 2008
Blawg Review #151 is now available at Lex Ferenda.

Disemination of Innovation and Patent Life

Posted on March 13, 2008
This chart from The Economist shows that for some important market changing products the time from innovation to market penetration has become progressively shorter. The article explains:The upshot is that technology is spreading to emerging markets faster than it has ever done anywhere...

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