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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

Essential Facilities and Infrastructure Theory

Posted on January 04, 2009
I am very much looking forward to the ABA 2009 Antitrust Intellectual Property Conference in my new hometown Berkeley, where I will be on a panel about different approaches toward “forced access” to IP in the US and in the EU. My remarks will focus on the exciting contributions that infrastructure theory has made to [...

Posner, Unions, The UAW and Cartels

Posted on December 30, 2008
Gary Becker and Richard Posner have a piar of interesting posts about the UAW and costs to American car manufacturers (Posner’s post, Becker’s post). Posner on unions as a cartel: Unions, in other words, are worker cartels. Workers threaten to withhold their labor unless paid more than a competitive wage (including benefits and work rules), but [...

On The Move: Michael Baye & Pauline Ippolito

Posted on December 23, 2008
Michael R. Baye, who served as the director of the Federal Trade Commission’s Bureau of Economics for the past year and a half, is leaving the FTC on December 31 to return to Indiana University?s Kelley School of Business. Pauline Ippolito will take over as director of the FTC’s Bureau of Economics...

Whole Foods Sues The FTC

Posted on December 09, 2008
The complaint (via the Legal Time’s BLT) is here (pdf). The BLT reports that: Whole Foods asks for injunctive relief that would order the FTC to halt a specialized administrative trial involving the merger, set for February 2009, and move all future proceedings into federal court...

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Blawg Review #189

Posted on December 08, 2008
Blawg Review #189 is now available at Infamy or Praise.

Oral Argument in Pacific Bell Telephone Co. v. linkLine Communications, Inc.

Posted on December 08, 2008
Earlier today, the Supreme Court heard oral arguments in Pacific Bell Telephone Co. v. linkLine Communications, Inc.. You can access the transcript here (pdf). And you can read Manfred’s primer on the case here.

Commission Guidance on Article 82: Initial Reactions

Posted on December 04, 2008
Here are some initial reactions to the Commission Guidance to Article 82 in no particular order. The Commission confirms that exclusion is a derivative antitrust offense. There is only one type of harm to competition, namely consumer exploitation. Exclusion is relevant only if and to the extent it leads to exploitation...

DOJ Was 3 Hours Away From Suing Google

Posted on December 04, 2008
The AmLaw Daily reports: Google Inc. and Yahoo! Inc. called off their joint advertising agreement just three hours before the Department of Justice planned to file antitrust charges to block the pact, according to the lawyer who would have been lead counsel for the government...

On The Move: Jay L. Himes

Posted on December 03, 2008
Congratulations to Jay L. Himes who has joined Labaton Sucharow. According to the press release: Labaton Sucharow LLP announced today that Jay L. Himes, former Chief of the Antitrust Bureau for the Office of the Attorney General of the State of New York, has joined the Firm as a Partner and Co-Chair of its Antitrust Practice [...

Blawg Review #188

Posted on December 01, 2008
Blawg Review #188, with an Alice’s Restaurant theme, is available at the New York Personal Injury Law Blog.

EC on Pharmaceuticals

Posted on November 28, 2008
Today, the European Commission published its preliminary report on the competition inquiry into the pharmaceutical sector. The New York Times, which misleading headlines its article “E.U. Accuses Drug Makers of Gouging Consumers,” reports: The European Union accused drug companies on Friday of adding billions of dollars to health care costs by delaying or blocking the [...

No Holiday For the FTC This Week

Posted on November 26, 2008
Most of us slow down a bit on holiday weeks like this one. Not the FTC. This week the FTC filed a petition for certiorari with the United States Supreme Court asking it to review the circuit court’s decision in Rambus Inc. v. Federal Trade Commission...

Whole Foods: Rehearing En Banc Denied

Posted on November 21, 2008
The D.C. Circuit Court of Appeals issued an order today denying Whole Food’s petition for a rehearing en banc. We have posted about the case here, here, here, and here. It will be no comfort to the defendant that the Circuit granted the unusual motion for leave to file a reply (which was written by [...

Imperfect Market Conditions on the Death Star

Posted on November 21, 2008
Here is a youtube clip describing the sadly imperfect market conditions prevailing in the Death Star… cantine. It is a useful, if somewhat technical, illustration of asymmetrical information barriers to concluding a transaction. HT to Olivier. And TGIF.

Slides on Horizontal Agreements

Posted on November 20, 2008
Here’s a set of slides discussing horizontal agreements under U.S. law. Eventually, this set will grow to encompass the EU and other jurisdictions.

Thoughts on LinkLine

Posted on November 19, 2008
The Supreme Court will hear oral arguments in the case of Pacific Bell Telephone Company v. LinkLine Communications, Inc. on December 8th. (Briefs can be found here.) The court rushed to grant cert on a case that is on appeals from a 12(b)(6) motion; the facts haven?t been fully developed, leaving (for example) the question [...

Updated Slides on Antitrust and IP Law; CC-BY relicensing

Posted on November 19, 2008
I recently updated my slides on Antitrust and IP law and the ever popular Microsoft cheat sheet. Note that the slides are now available under a Creative Commons attribution only license (aka cc-BY), which is a more permissive license than the prior attribution-only, non-commercial license...

Blawg Review #186

Posted on November 17, 2008
Blawg Review #168 is now available at the Res Ipsa blog.

Beer Merger

Posted on November 14, 2008
Long time readers know that if there is one thing we at Antitrust Review like more than antitrust, it is beer. Today, the two came together. And yes, we will party like it is 1999 tonight. The AP (via the Washington Post) reports: The Justice Department approved a $52 billion beer buzz Friday, allowing Belgian-based InBev SA to [...

On The Move: Deborah Garza To Replace Thomas Barnett

Posted on November 14, 2008
Yesterday, the White House announced that “[t]he President intends to designate Deborah Garza, of Illinois, to be Acting Assistant Attorney General (Antitrust Division) at the Department of Justice.”

Another Large Cartel Fine (and More to Come); This Time LCD Manufacturers

Posted on November 13, 2008
The New York Times reports: Three leading flat-screen producers ? LG Display of South Korea, Sharp of Japan and Chunghwa Picture Tubes of Taiwan ? pleaded guilty and agreed to pay a total of $585 million in criminal fines for their role in fixing the price of liquid-crystal display panels...

Analysis of DOJ?s Section 2 Report

Posted on November 13, 2008
We infrequently publicize ABA seminars but we are making an exception today. On December 11, the ABA Section of Antitrust Law is hosting an “Analysis of the Department of Justice’s Section Two Report.” As the ABA’s website states the focus of the one hour, thirty 30 minute seminar is: the Department of Justice?s (DOJ) report on Section [...

A Very Large Cartel Fine

Posted on November 12, 2008
The EC fined four companies 1.3 billion euros ($1.66 billion) for price fixing. Reuters (via the Washington Post) reports: The EU’s antitrust chief on Wednesday fined car glass producers Asahi, Pilkington, Saint-Gobain and Soliver more than 1...

Antitrust News & Notes

Posted on November 11, 2008
David Bois tells the New York Times that he does not expect stricter scrutiny of mergers under an Obama administration because “[p]reserving jobs and economic stability will be perceived as more important than preserving competition.? James ?Hart? Holden tells the WSJ Deal Journal the same thing but he [...

The Antitrust Rumormill

Posted on November 09, 2008
Head over to Truth on the Market for the latest.

Are Economic Laws Universal or Culturally Determined?

Posted on November 08, 2008
Ever since Socrates demolished Gorgias to lasting effect, the universalism vs. relativism debate has had a prominent place in moral theory, in law, and (with some delay) in the natural sciences, too. In stark contrast, much of modern price theory proceeds in a strictly Platonic fashion...

The Resurgence of the Idea of the Public Good

Posted on November 05, 2008
One of the undercurrents driving the movement that led to Obama’s landslide victory is that people have finally started to reject en masse a public policy that by and large conceived of them only in the most limited, reductionist, and anemic way possible: as private, rational actors, pursuing primarily their own (usually material) advantage...

Goolge and Yahoo Are Not Going To Be Partners

Posted on November 05, 2008
The AP (via the New York Times) reports: Google Inc. and Yahoo Inc. have scrapped their Internet advertising partnership, abandoning attempts to overcome the objections of antitrust regulators and customers who believed the alliance would give Google too much power over online commerce...

Blawg Review #184

Posted on November 03, 2008
Check out Blawg Review #184 at The Faculty Lounge.

Good Advice for the Safe Use of Statistics

Posted on November 02, 2008
From John Ralston Saul:[I]f you can take a number a statistics and you can either halve it or double it and it’s still shocking then you can use it.

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