Corporate & Securities Law

The Quandary of Quanta: Thoughts on the Supreme Court Decision One Week Later

Posted on June 17, 2008
Posted by Shubha Ghosh The United States Supreme Court handed down its decision in Quanta v LG Electronics last week (download decision here: Download quantaopinion.pdf ), and the unanimous, relatively short opinion has raised more questions than it perhaps answered...

Call for Papers on Antitrust from Mississippi College Law Review

Posted on June 17, 2008
Posted by Shubha Ghosh The Mississippi College Law Review is issuing a call for papers pertaining to antitrust law. The Law Review has published several themed issues in the past two years, and wishes to publish an article concerning antitrust,...

Anticompetitive Rebates in EC Competition Law: A Way Forward?

Posted on June 17, 2008
Posted by D. Daniel Sokol Renato Nazzini (University of Southampton School of Law) writes on Anticompetitive Rebates in EC Competition Law: A Way Forward? ABSTRACT: One area of EC competition law that has been particularly controversial in recent years is...

Litigating Merger Challenges: Lessons Learned

Posted on June 17, 2008
Posted by D. Daniel Sokol FTC Commissioner Tom Rosch gives some thought to Litigating Merger Challenges: Lessons Learned in a recent speech. ABSTRACT: The decisions in Arch Coal and Oracle in 2004, and Whole Foods and Foster this past year,...

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Bundling as Exclusionary Pricing to Maintain Monopoly

Posted on June 17, 2008
Posted by D. Daniel Sokol Jonathan Rubin (Patton Boggs) offers some strong recommendations in his piece Bundling as Exclusionary Pricing to Maintain Monopoly. ABSTRACT: A controversy in antitrust policy is raging over two principal and competing approaches to liability rules...

What Do We Really Know About Export Cartels and What is the Appropriate Solution?

Posted on June 16, 2008
Posted by D. Daniel Sokol D. Daniel Sokol of the University of Florida Levin College of Law (i.e., me), has posted What Do We Really Know About Export Cartels and What is the Appropriate Solution? ABSTRACT: This article responds to...

The Social Costs of Monopoly: A Survey and an Evaluation

Posted on June 16, 2008
Posted by D. Daniel Sokol Erdal Gumus, Eskisehir Osmangazi University - Department of Public Finance, addresses The Social Costs of Monopoly: A Survey and an Evaluation in a new working paper. ABSTRACT: Existence of monopoly and its costs to societies...

Competition Policy in the European Union and the United States: Convergence or Divergence?

Posted on June 16, 2008
Posted by D. Daniel Sokol The text of FTC Chairman Bill Kovacic's thoughtful and nuanced speech on Competition Policy in the European Union and the United States: Convergence or Divergence? is now up on the FTC website.

Efficiency and the Provision of Open Platforms

Posted on June 16, 2008
Posted by D. Daniel Sokol A paper on an important topic is Efficiency and the Provision of Open Platforms by Joacim Tag, Swedish School of Economics and Business Administration - Department of Economics, Helsinki Center of Economic Research (HECER). ABSTRACT:...

Chambers USA Antitrust Rankings Are Out

Posted on June 15, 2008
Posted by D. Daniel Sokol Chambers released its 2008 US rankings for law firms and individual lawyers. In the very competitive DC rankings, the following firms received rankings for their antitrust practices: Band 1 ? Arnold & Porter LLP ?...

Price Transparency and Consumer Naivety in a Competitive Market

Posted on June 14, 2008
Luke Garrod, University of East Anglia - ESRC Centre for Competition Policy and School of Economics addresses Price Transparency and Consumer Naivety in a Competitive Market. ABSTRACT: Despite intense price competition firms obfuscate product information when it is relatively costless...

The Empirical Evidence on the Pass-Through of Firm-Specific Cost Changes to Prices: What Implications for Merger Reviews?

Posted on June 13, 2008
Posted by D. Daniel Sokol Simon Evenett, University of St. Gallen discusses The Empirical Evidence on the Pass-Through of Firm-Specific Cost Changes to Prices: What Implications for Merger Reviews? ABSTRACT: Mergers and acquisitions represent two important means by which resources...

New Issue of Boletín Latinoamericano de Competencia

Posted on June 13, 2008
Posted. by D. Daniel Sokol The EU has published the a new issue of the Boletín Latinoamericano de Competencia. Articles are as follows: ALBANIA: COMPETITION LAW AND POLICY IN ALBANIA: PERSPECTIVES OF APPROXIMATION TO EU COMPETITION LAW Teuta Disani ARGENTINA:...

Patent Trolls: Broad Brush Definitions and Law Enforcement Ideas

Posted on June 13, 2008
Posted by D. Daniel Sokol FTC Commission Tom Rosch discussed Patent Trolls: Broad Brush Definitions and Law Enforcement Ideas in a recent speech.

Some Thoughts on Bundled Rebates and Exclusionary Policies

Posted on June 13, 2008
Posted by D. Daniel Sokol H.E. Frech III (University of California at Santa Barbara Department of Economics) offers Some Thoughts on Bundled Rebates and Exclusionary Policies. ABSTRACT: Bundling and related exclusionary practices are both common in the economy and often...

Supermarkets and Planning Regulation

Posted on June 12, 2008
Posted by D. Danie Sokol Rachel Griffith, University College London, Institute for Fiscal Studies (IFS) discusses Supermarkets and Planning Regulation in her latest paper. ABSTRACT: We are interested in evaluating the impact of restrictive planning regulation on entry into the...

Antitrust Economics for Attorneys: Economics Fundamentals of Innovation and Intellectual Property

Posted on June 12, 2008
Posted by D. Daniel Sokol For those that will be in DC, a free and very worthwhile lecture to attend is Antitrust Economics for Attorneys: Economics Fundamentals of Innovation and Intellectual Property. American Bar Association?s Section of Antitrust Law Economics...

Can Lobbying Prevent Anticompetitive Outcomes? Evidence on Consumer Monopsony in Telecommunications

Posted on June 12, 2008
Posted by D. Daniel Sokol Dino Falaschetti of Florida State Law School asks and answers, Can Lobbying Prevent Anticompetitive Outcomes? Evidence on Consumer Monopsony in Telecommunications. ABSTRACT: When basic competition rules cannot preclude market power abuses, industry-specific regulations can improve...

Luxury Markets, Antitrust, and Intellectual Property: An Introduction

Posted on June 12, 2008
Posted by D. Daniel Sokol Ben Kleinman offers Luxury Markets, Antitrust, and Intellectual Property: An Introduction. ABSTRACT: In this paper I look at markets for luxury goods and begin exploring the interplay among trademark law, antitrust law, luxury goods, and...

The United States Department of Justice Antitrust Division's Cartel Enforcement: Appraisal and Proposals

Posted on June 11, 2008
Posted by D. Daniel Sokol John Connor of Purdue University's Applied Economics Department offers some important thoughts on DOJ's cartel enforcement program in his paper The United States Department of Justice Antitrust Division's Cartel Enforcement: Appraisal and Proposals...

Entry Barriers in Retail Trade

Posted on June 11, 2008
Posted by D. Daniel Sokol Fabiano Schivardi, Universita di Cagliari - Department of Economics and Eliana Viviano, Bank of Italy - Economic Research provide some research on Entry Barriers in Retail Trade. ABSTRACT: The 1998 reform of the Italy's retail...

Kroes on Being Open About Standards

Posted on June 11, 2008
Posted by D. Daniel Sokol Neelie Kroes, European Commissioner for Competition Policy gave a speech last week about Being Open About Standards that is worth reading as it sets up her justifications for an EC preference for Open-Source over Microsoft.....

Bertrand-Edgeworth Equilibrium in Oligopoly

Posted on June 11, 2008
Posted by D. Daniel Sokol Daisuke Hirata (Graduate School of Economics, The University of Tokyo) has written on Bertrand-Edgeworth Equilibrium in Oligopoly. ABSTRACT: This paper investigates a simultaneous move capacity constrained price competition game among three firms...

The Antitrust Burden: Can American Companies Still Compete Fairly Abroad?

Posted on June 10, 2008
Posted by D. Daniel Sokol The other week the American Enterprise Institute hosted a conference titled The Antitrust Burden: Can American Companies Still Compete Fairly Abroad? that had Tom Barnett (DOJ), Randy Tritell (FTC) and Theodore Ullyot (Kirkland & Ellis)...

Competition Policy for the Media Sector

Posted on June 10, 2008
Posted by D. Daniel Sokol Maurice Stucke (University of Tennessee Law) and Allen Grunes (Brownstein Hyatt) have some recommendations for the next administration on Competition Policy for the Media Sector. The recommendations include: ? more empirical analyses of how media...

Elizabeth - The Golden Age (of Brazilian Competition Policy)

Posted on June 10, 2008
Posted by D. Daniel Sokol In the 2007 movie Elizabeth the Golden Age, Cate Blanchett reprises her role as Queen Elizabeth I during some of England's most important events. In the contemporary world, we are about to witness the end...

The Importance of Antitrust in Standard Setting

Posted on June 10, 2008
Posted by D. Daniel Sokol Mark Nelson (Cleary Gottlieb) has a short piece on The Importance of Antitrust in Standard Setting. ABSTRACT: Ensuring the interoperability of products can be critical to the success of many industries, in particular to encourage...

Overruling Dr. Miles: The Supreme Trade Commission in Action

Posted on June 09, 2008
Posted by D. Daniel Sokol Richard Brunell of Boston College Law School writes on Overruling Dr. Miles: The Supreme Trade Commission in Action. ABSTRACT: This article sharply criticizes the Supreme Court's decision in Leegin Creative Leather Products, Inc...

Shifting Paradigms, Changing Contexts: Need for a New Competition Law in India

Posted on June 09, 2008
Posted by D. Daniel Sokol Rahul Singh of India University - National Law School discusses Shifting Paradigms, Changing Contexts: Need for a New Competition Law in India in his latest work. ABSTRACT: This paper is set against the backdrop of...

Credit Card Interchange Fees: Debunking Six Myths

Posted on June 09, 2008
Posted by D. Daniel Sokol Steven Semeraro, Thomas Jefferson School of Law, offers Credit Card Interchange Fees: Debunking Six Myths. ABSTRACT: The Visa and MasterCard credit card networks require the banks (known as acquiring banks) to pay a portion of...

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