Competition Policy International
Antitrust Chronicle
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2012, Volume 10
- How the FTC Could Beat Google
by Robert Lande & Jonathan Rubin - Shop 'Til You Drop: Retail Mergers and the U.K. Competition Review Process
by Richard Blewett - Has the Administrative Court’s Reversal of the IAA Decision in Pfizer Got It Right?
by Daniela Ampollini - The FCC’s Unstructured Role in Transactions
by Larry Downes & Geoffrey Manne - Deal Makers Beware: Recent Trends in U.S. Merger Enforcement
by Daniel Hemli & Jacqueline Java - Education Before Enforcement? Key Insights From Australian Cartel Research
by Caron Beaton-Wells & Christine Parker - Merger Control in India
by R. Shyam Khemani & Cyril Shroff & Nisha Kaur Uberoi
2012, Volume 9
- The Constitutionality of Administrative Monetary Penalties Under the Competition Act: Is Rowan a Full Answer?
by John Campion & Antonio Di Domenico - Fines for Abuse of Dominance in “High Tech†Markets
by Benoit Durand & Andreas Reindl - "From Astra-Zeneca to Pfizer" Stage II: The Italian Administrative Court Reverses the Monopolization Claim Established by the AutoritàGarante della Concorrenza e del Mercato
by Stefano Grassani - Generic Drugmakers Will Challenge Patents Even When They Have a 97% Chance of Losing: The FTC Report that K-Dur Ignored
by Kelly Smith & Jonathan Gleklen - Competition, Standards, and Patents
by Per Hellstrom & Thomas Kramler - Competition Law Guidance Under Commissioner Aitken: A Survey
by Kevin Ackhurst - A Short Note on Plea Agreements in Canadian Antitrust Cases
by Graham Reynolds - The Canadian “Sir†Process: A Progress Report
by Mark Katz & Erika Douglas - Canadian Competition Tribunal Orders Divestiture in Waste Merger: Some Lessons Learned
by Richard Elliott - Antitrust Concerns of Patent Acquisitions
by Ilene Knable Gotts & Scott Sher - Innovation is King. Or is it?
by Paul Lugard & David Cardwell - The Role of Keyword Advertising in Competition Among Rival Brands
by David Evans & Elisa Mariscal
2012, Volume 8
- Competition Advocacy in Mexico: Lessons From the Past Decade
by Angel Lopez Hoher - Competition Advocacy at the Federal Trade Commission: Recent Developments Build on Past Successes
by Tara Isa Koslov - From Post- to Pre-Merger Notification: The Ultimate Outreach Challenge
by Carlos Ragazzo & Cristiane Landerdahl de Albuquerque - Reach Out to a Wide Audience
by Taiwan Fair Trade Commission - Outreach Activities of the JFTC
by The Japan Fair Trade Commission - Enforcement “Plus:†The FTC’s Business Education Efforts
by Kelly Signs - Positioning Competition Policy in Chile: Outreach, Advocacy, and Alternative Dispute Resolution Mechanisms
by Mario Ybar & Fernando Araya - Towards a Competition Cultureâ€â€Advocacy and Outreach in the South African Competition Regime
by Trudi Makhaya - Ten Years of Pros and Cons Conferences
by Arvid Fredenberg - Competition Outreach and Advocacy When All the World Is Your Stage: The ICN Experience
by Maria Coppola - Effective Engagement of Stakeholders: Inquire, Innovate, Intrigue
by The Competition Commission of Singapore
2012, Volume 7
- Why a Reduction in Health Care Costs Per Se May be a Misleading Policy Objective
by Rosa Abrantes-Metz - Healthcare Reform and Antitrust Enforcement: Provider Consolidation Encouraged, Scrutinized
by Jane Willis & Melissa Davenport & Ryan McManus - European Commission Enforcement in the Pharmaceutical Sector: Less Than Expected? The Boehringer Case Closure Suggests As Much
by Sean-Paul Brankin - When the Antitrust Laws May Not Allow Healthcare Providers to Pursue Merger-Specific Efficiencies – And What Healthcare Providers Can Do About It
by Ashley Fischer & Jeffrey Brennan & David Marx - The Changing Health Care Sector: Tough New Challenges for Antitrust Enforcers
by Robert Leibenluft - Looking for Sense in the Italian Antitrust Authority Decision in the Pfizer Xalatan Case
by Daniela Ampollini - Abuse of Regulatory Procedures in the Pharmaceutical Sectorâ€â€Developments Since the General Court’s Judgment in AstraZeneca
by Kristina Nordlander & Patrick Harrison - The Extraterritorial Effect of Antimonopoly Law
by Kai Zhang - Rules on Retailer-Supplier Relationships in the Competition Policy of the Russian Federation: How and Why Misunderstanding Economics Threatens the Competitiveness of the Sector
by Svetlana Avdasheva & Andrey Shastitko - Health Care Reform, Provider Affiliations, and Antitrust Risks
by Lona Fowdur & John Gale - From Astra-Zeneca to Pfizer: When Protection of Originators’ Patents Ceases to be a “Right†and Becomes an Abuse of Dominance
by Stefano Grassani - Between the ACA and Antitrust Enforcers: A Rock and a Hard Place or an Opportunity?
by Toby Singer & David Pearl - Why and How Should the Libor Be Reformed?
by Rosa Abrantes-Metz - Pharmaceutical Patents, Settlements, “Reverse Payments,†and Exclusion: Update
by John Bigelow
2012, Volume 6
- Reverse Payment Settlements: Presumptively Bad or Usually Acceptable?
by Kyle Musgrove & Richard Ripley - Cervantes’ Sequel: The FTC’s Quest to End Pay-for-Delay Pharma Settlements
by Anne Layne-Farrar - Should the e-Book Case Presage the Decline of The Per Se and Market Share Doctrines?
by Steven Semeraro - Federal Trade Commission Rejected in “Reverse Payment†Suit
by Kevin Noonan - Pharmaceutical Patents, Settlements, Reverse Payments, and Exclusion
by John Bigelow - Federal Trade Commission Suffers Another Setback in Its Campaign to End Pharmaceutical Reverse-Settlement Agreements
by Aidan Synnott & William Michael - The eBooks Case: A Canadian Perspective
by Steve Szentesi & Mark Katz - New Toys For Old Games: eBooks – iTroubles
by Jay Himes & Meegan Hollywood - Eleventh Circuit Rejects the Strength of a Patent as a Criterion for the Legality of Reverse-Payment Settlements
by William Rooney & Jodi Lucena-Pichardo - United States v. Apple and the Contemporary Legitimacy of Antitrust
by Chris Sagers
2012, Volume 5
- New Developments in Merger Control in Turkey
by Bekir Kocabas & Sinan Bozkus - The Removal of Dishonesty from the Cartel Offence and the Publication Defence: A Panacea?
by Ruchit Patel - Will the New U.K. Competition and Markets Authority Make Better Antitrust Decisions?
by Bruce Lyons - Politically Incorrect - Social Protest, Competition Advocacy, and Political Economy in Israel
by Shlomi Parizat - Competition Law Develops in Southern Africa
by Heather Irvine & Candice Upfold - Functional Separation in the U.K. Competition Regime
by Renato Nazzini - The Competition and Markets Authority: A New Era for U.K. Competition Law Enforcement?
by Paula Riedel & Anna Mitchell - The Microsoft Case and Google
by Stephen Houck - Islam, Islamic Countries, and Competition Law: From Past Glory to Modern Day Challenges
by Maher Dabbah - Albania’s Experience in Competition Law
by Ermal Nazifi - It Takes One to Tango: The Single U.K. Competition And Markets Authority
by Despoina Mantzari & Valentine Korah
2012, Volume 4
- Reasons to Reject a “No Injunctions†Rule for SEPs and FRAND-Obligated Patents
by Hill Wellford - The Credit Rating Agencies: How Did We Get Here? Where Should We Go?
by Lawrence White - Facing New Challenges at the Crossroads Between Competition and Intellectual Property in Europe: The Example of Korean Innovators
by Damien Geradin & Hee-Eun Kim - The Performance of Corporate Credit Ratings
by Albert Metz - Joint Venture…Subsidiary…What’s the Difference for Cartel Liability and Fines?
by Laura Atlee - DOJ Merger Statement Renews Focus on Competitive Implications of Industry Standards
by Donald Falk & Christopher Kelly - A Roadmap to the Smartphone Patent Wars and FRAND Licensing
by Michael Carrier - Credit Rating Agencies and Competition Law
by Nicolas Petit & Norman Neyrinck - Do We Need to Get Frantic About FRAND?
by Hein Hobbelen & Tone Oeyen - Technology Licensing: Evolving Antitrust Standards in the Smartphone and Other Sectors?
by Paul Lugard - Manipulation of Product Ratings: Credit-Rating Agencies, Google, and Antitrust
by Mark Patterson - Revising the Technology Transfer Guidelines
by Pierre Regibeau & Katharine Rockett - Class Certification in Innovation Rich Spaces - Do 23(b)(3) Classes Need to Get More Innovative?
by David Reichenberg - Patent Wars and Technology Transfer Agreements: Should the EU Rules Change?
by Lorenzo Coppi & Stefano Trento
2012, Volume 3
- Net Neutrality in the United States and Europe
by Jan Kramer & Lukas Wiewiorra & Christof Weinhardt - “Solving†Net Neutrality: Regulation, Antitrust, Or More Competition
by Gerald Faulhaber - Conspiracy Screens: Practical Defense Perspectives
by Donald Klawiter - Traffic Management: The Respective Roles of Competition Law and Regulation
by Frank Maier-Rigaud - Mexican Experience in Screens for Bid-Rigging
by Carlos Mena-Labarthe - Network Neutrality & Antitrust
by Kevin Coates - Screens in the Gas Retail Market: The Brazilian Experience
by Carlos Ragazzo - Quantifying Antitrust Damages – Convergence of Methods Recognized by U.S. Courts and the European Commission
by Claire Korenblit - Network Neutrality or Minimum Quality? Barking Up the Wrong Treeâ€â€and Finding the Right One
by Timothy Brennan - Italy Overhauls its Merger Control Filing Fee System
by Stefano Grassani - Does Compliance Really Matter to DG Comp?
by Joseph Murphy - How Far Can Screens Go in Distinguishing Explicit from Tacit Collusion? New Evidence on the Libor Setting
by Rosa Abrantes-Metz & Albert Metz
2012, Volume 2
- Why the U.K.’s New Approach to Competition Compliance Makes for Good Enforcement
by Andreas Stephan - OFT Competition Law Compliance Resources
by Steven Preece - Normative Compliance: The Endgame
by Caron Beaton-Wells - Compliance with Competition Rulesâ€â€The Way to Go
by Ingrid Breit & Jeroen Capiau & Andrew Essilfie - The Australian Approach to Competition Law Compliance Programs
by Bill Dee - Are Rights Finally Becoming Fundamental?
by Kristina Nordlander & Patrick Harrison - The Anticorruption and Antitrust Interface
by Steven Braga & Christopher Conniff & Mark Popofsky - Antitrust Complianceâ€â€It’s All About the Culture
by Theodore Banks - How DG Competition and U.S. DOJ Antitrust Division Hurt Compliance Efforts
by Joseph Murphy - Why and How to Use Empirical Screens in Antitrust Compliance
by Rosa Abrantes-Metz - Enforcers’ Consideration of Compliance Programs in Europe: Are 2011 Initiatives Raising Their Profile or Reducing It to the Lowest Common Denominator?
by Nathalie Jalabert-Doury & Gillian Sproul - Are We Winning the Fight Against Cartels?
by Jeremy West
2012, Volume 1
- Brands, Consumer Protection, and Antitrust – Why China is Special
by David Stallibrass & Jenny Huang - Partial Acquisitions: Recent MOFCOM Action Suggests Possible Divergence With U.S. Standards
by Paul Cuomo & Changrong Xu & Charles Malaise - How to Deal with Merger Control of Listed Chinese Companies
by Liyong Jiang - Minority Shareholdings, Material Effects?
by Bojana Ignjatovic & Derek Ridyard - Minority Shareholdings And Interlocking Directorships: The European Union Approach
by Francisco Enrique Gonzalez-Diaz - The Application of China's Anti-Monopoly Law to State-Owned Enterprises in Special Industries –The Example of the China Telecom and China Unicom Case
by Meng Yanbei - A Practitioner's Look at Merger Control Remedies in China
by Francois Renard - Reform of the EU Merger Regulation: Looking Out for the Minority
by Christian Riis-Madsen & Sophia Stephanou & Killian Kehoe - An Analysis of China's Merger Control System
by Cui Shufeng & Rong Hongzhi - Minority Shareholdings Under Antitrust Law: A Regulatory Gap?
by Paul Lugard - Merger Control under Chinese Lawâ€â€Practical Matters from the Applicant’s Perspective
by Dirk Elvermann & Edwin Li & Patrick Chan - Competition and Governance: Minority Shareholdings in Small Countries
by Sean Ennis - Antitrust Concerns from Partial Ownership Interest Acquisitions: New Developments in the European Union and the United States
by Samuel Miller & Marc Raven & David Went - Conflict and Coordination Between Sectoral Regulation and Competition Law Enforcement in the Information Industry
by Li Huiying - New Developments in Civil Antitrust Litigation in China
by Zhu Li
2011, Volume 12
- Practical Aspects of Aftermarkets in European Competition Law
by John Temple Lang - Unforeseen Risks of Disclosure in Leniency Programs
by Laura Atlee - Monopoly in Chains: Antitrust and the Great A&P
by Marc Levinson - A Presentation on Market Definition, II
by Richard Schmalensee - Time-Series Models for Estimating Economic Damages in Antitrust (and Other) Litigation: The Relative Merits of Predictive versus Dummy-Variable Approaches
by Paul Godek - Mergers with Dominant Firms: The Lundbeck Case
by Herbert Hovenkamp - The Impact of the Lisbon Treaty on EU Competition Law: A Review of Recent Case Law of the EU Courts
by Ben Van Rompuy - Wal-Mart Stores, Inc. v. Dukes: Supreme Court Clarifies Commonality Analysis for Class Actions and Rejects Use of Injunctive Relief as Hook to Certify Damages Class, II
by Donald Falk & Archis Parasharami & Marcia Goodman - The Regulation of Interchange Fees by the U.S. Federal Reserve Board: A Primer on Economic Principles, II
by David Evans & Robert Litan & Richard Schmalensee - Use and Misuse of Empirical Methods in the Economics of Antitrust, II
by Unknown & Dennis Carlton - Price Theory and Merger Guidelines, II
by Sonia Jaffe & Glen Weyl - DOJ’s Attempt to Block the AT&T/T-Mobile Merger Places the Horizontal Merger Guidelines on Trial, II
by Benjamin Brown - Intellectual Property Rights Protection Versus Antitrust: Tug of War?
by Andrey Shastitko & Alexander Kurdin - Getting Exclusion Cases Right: Intel and Beyond
by Timothy Brennan - Cartel Detection and Duration Worldwide, II
by John M. Connor - The New EU Competition Rules for the Assessment of Horizontal Agreements, II
by Paul Lugard - Payment Card Regulation and the Use of Economic Analysis in Antitrust
by Jean Tirole - The New Indian Merger Control: Key Procedural Issues, II
by Simon Baxter & Nikolaos Peristerakis - The Intersection of Consumer Protection and Competition in the New World of Privacy, II
by Julie Brill
2011, Volume 11
- New Lessons for Pleading the FTAIA
by Max Huffman - Recovery in the U.S. for Price Fixing Abroad: The Future of FTAIA Litigation
by Alicia Batts & Keith Butler - A Tale of Two Panels: The Size of the Chancellor’s Foot in Text Messaging and Potash
by Chris Sagers - Minn-Chem Incorporated et al. v. Agrium Incorporated et al.: A Canadian Perspective on the Extraterritorial Application of U.S. Antitrust Law
by Mark Katz & Erika Douglas - Merger Control Under the New Brazilian Competition Law
by Caio Mario da Silva Pereira Neto & Paulo Leonardo Casagrande - The Consolidation of Competition Law in Latin America
by Julian Pena - A Trip Around the Cartel Victims Remedy Buffet
by Kent Bernard - Merger Control Reform in Brazil
by Victor Pavon-Villamayor & Leopoldo Pagotto - Brazil’s New Competition Law: Promising but Challenging
by Ana Paula Martinez & Mariana Tavares de Araujo - Brazilâ€â€The New Antitrust Law
by Cecilia Vidigal - The New Competition Law in Brazil: Challenges Ahead
by Jose Antonio Ziebarth
2011, Volume 10
- DOJ’s Attempt to Block the AT&T/T-Mobile Merger Places the Horizontal Merger Guidelines on Trial
by Benjamin Brown - The U.S./EC Antitrust Cooperation Agreement: Genesis, Innovation, and Early Implementation
by James Rill - Will the 2010 Merger Guidelines Survive the DOJ’s Complaint in U.S. v. AT&T?
by Geoffrey Manne & Joshua Wright - AT&T/T-Mobile: Does Efficiency Really Count?
by Howard Chang & David Evans & Richard Schmalensee - Twenty Years of Transatlantic Antitrust Cooperation: The Past and the Future
by Rachel Brandenburger - EU/U.S. Cooperation in the Area of Competition Policy
by Miek van der Wee & Holger Dieckmann - A Good Carrot? U.S. Travel Restrictions in Cartel Enforcement
by J. Mark Gidley & Patrick Eyers - The Future Legacy of the AT&T/ T-Mobile Merger Case
by Jonathan Rubin - Recidivism Eliminated: Cartel Enforcement in the United States Since 1999
by Gregory Werden & Scott Hammond & Belinda Barnett - Crony Capitalism and Antitrust
by Maurice Stucke - “I’d like to propose a toastâ€Â: Marking the 20th Anniversary of U.S.-EU Antitrust Cooperation
by Sean Heather & Guido Lobrano - Oops, They Did it Again: What We Didn’t Learn From U.S. v. Microsoft
by Larry Downes - The Complexity of Cartel Enforcement in Times of Globalization of Competition Law
by Frank Montag - Can the President of the United States Order the Attorney General to Drop a Case?
by Anant Raut - Nine Next Steps for Transatlantic Antitrust Policy Cooperation
by William Kovacic
2011, Volume 9
- Design and Implementation of Screens and Their Use by Defendants
by Rosa Abrantes-Metz - How To Catch A Thief -- Corporate Leniency And The Irrepressible Challenge Of Cartel Detection; Finding A Better Way
by Gordon Schnell & Rick Dumas-Eymard - Enhancing International Cartel Enforcement: Some Modest Suggestions
by Donald Klawiter - Anti-cartel Enforcement in Brazil: Lessons From the Recent Past and an Exercise to Look Forward
by Barbara Rosenberg & Jose C M Berardo - Introducing the First CPI Film Festival
by Lindsay McSweeney - Detection and Compliance in Cartel Policy
by Daniel Sokol - Cartel Detection and Duration Worldwide
by John M. Connor - The Adoption of Screening Tools by Competition Authorities
by Ulrich Laitenberger & Kai Huschelrath
2011, Volume 8
- Collective Dominance Through the Lens of Comparative Antitrust
by Andrey Shastitko - Duking It Out in Antitrust Price-Fixing: Class Actions After Dukes
by Jay Himes & William Reiss - Net Neutrality Regulation and the Evolution of the Internet Economy
by David Evans - The Sherman Act’s Criminal Extraterritorial Reach: Unresolved Questions Raised By United States v. AU Optronics Corp
by Mark Popofsky & Anthony Biagioli - Wal-Mart Stores, Inc. v. Dukes: Supreme Court Clarifies Commonality Analysis for Class Actions and Rejects Use of Injunctive Relief as Hook to Certify Damages Class
by Donald Falk & Archis Parasharami & Marcia Goodman - Antitrust Class Actions After Wal-Mart Stores, Inc. v. Dukes
by William Monts III - Introduction of Leniency Programs for Cartel Participants: The Russian Case
by Andrey Shastitko & Svetlana Avdasheva - Implications of Wal-Mart v. Dukes for Federal Antitrust Class Actions
by Aidan Synnott & William Michael - Credit Rating Agencies and Competition Law
by Nicolas Petit & Norman Neyrinck - Australia’s Proposed Information Disclosure Legislation: International Worst Practice
by Caron Beaton-Wells & Brent Fisse - Margin Squeeze in Mexican Mobile Telecommunications
by Victor Pavon-Villamayor - Network Neutrality: A Competition Angle
by Frank Maier-Rigaud - Fear of the Chinese or Business as Usual at the European Commission? EU Merger Regulation and the Assessment of Transactions Involving Chinese State-owned Enterprises
by Kiran Desai & Manu Mohan - Implausible Wrongs and Dissimilarities: The Supreme Court Continues Its Anti-Litigation Trend, This Time With a Class Action Focus in Wal-Mart v. Dukes
by Marcia McCormick
2011, Volume 7
- The Challenge of Competitive Neutrality in Public Procurement and Competition Policy: The U.K. Health Sector as Case Study
by Simon Taylor - The International Competition Community at Work
by Paul Lugard - The Unilateral Conduct Working Group: You be the Judge - Scrutinizing a Loyalty Discount & Rebate Case
by Cynthia Lagdameo & Charles Webb - U.S. And EU Antitrust Enforcement: What Role In A More Heavily Regulated Financial Sector?
by Todd Fishman & Olivier Fréget & David Gabathuler - A Clear Vision for the ICN’s Second Decade
by Sophie Mitchell - Financial Services And Competition Law In The United Kingdom: The Quest For Pro-Competitive Objectives And Suitable Tools
by Emanuela Lecchi - The International Competition Network at Ten: Origins, Accomplishments and Aspirations
by Paul Lugard - Libor Litigation and the Role of Screening: The Need for Enhanced Compliance Programs
by Rosa Abrantes-Metz - Credit Rating Agencies and Competition Law
by Nicolas Petit - The European Commission’s CDS Investigations: How to Balance Stability and Competition in the Financial Sector?
by Bruno Lebrun & Thibault Balthazar - Corporate Restructurings, Debt-for-Equity Swaps: Competition Law Perspectives
by Paolo Palmigiano & Josh Sherer - In the EU the Court of Justice Rules (Again) on Margin Squeeze
by Javier Ruiz Calzado & Gianni De Stefano - ICN Best Practice: Soft Law, Concrete Results
by Maria Coppola - Merger Control in India: Partial Implementation of the ICN Recommended Practices
by Neil Campbell & Sorcha O'Carroll - Recent EU Antitrust Investigations into Financial Servicesâ€â€What Is the Scope for Antitrust Intervention?
by Mark Powell & Katarzyna Czapracka