Antitrust Holiday Wishlist

Dec 19, 2011

'Tis the season for holiday cheer, merrymaking, and, of course, gift-giving. For last-minute holiday ideas, CPI has asked members of the community to share their suggestions for DVDs, books, goodies, and even wildly fantastical presents we can only dream of... Happy Holidays!


Randy Picker, Professor at the University of Chicago Law School

"I don't want anything, but for my students, I'd like a Section 1 pleading standard that separates Twiqbal and Text Messaging."


Douglas Ginsburg, Judge on the U.S. Court of Appeals for the D.C. Circuit

Michael Salinger, Professor at the Boston University School of Management

"A DVD of The Informant for each of my students." - DG

"Another good antitrust movie like The Informant!" - MS

Max Huffman, Associate Professor at the Indiana University School of Law

"I wish for the antitrust law version of 'total consciousness'--who is the bellwether of optimal resource use, how do we know what that person wants, and how do we ensure those wants are met. Probably could use a magic pen, too, with which to communicate such understanding in irrefutable fashion."

Nicolas Petit, Professor at the Law School of the University of Liege, Belgium; co-Blogger of Chillin'Competition

"Here's my wish list, in the form of a 'package' of Article 9 commitments:

1. That the Commission adopts its first ever "guidance letter" (under Recital 38 of the Preamble of Reg. 1/2003) and inapplicability decision (under Article 10, Reg. 1/2003); I would also like the Commission to commit to open a first "test case" on abuse of collective dominance and that to start proceedings against credit rating agencies pursuant to Article 101 and 102 TFEU;
2. That the Court reverses the Tele2 Polska ruling; that it endorses a more effects-based approach in Article 102 TFEU cases (for instance, in Intel v. Commission); and that it hands down shorter judgments;
3. That law firms commit to abolish the practice of using young associates as "ghost writers" for academic publications (they deserve to be authors just as partners); that senior lawyers systematically disclose their professional interest in topics they write about;
4. That the Commission and the Court adopt REAL ethical rules to avoid conflicts of interests with the bar (e.g., rules on destitution of officials and judges in case of professional/personal bonds);
5. That conference organizers commit to price their events on FRAND terms - I'd say FRA terms actually, to keep the possibility to discriminate in favor of officials, academics and students;
6. That academic publishers (in particular the big ones) commit to stop viewing books as industrial products.

No doubt we, at Chilllin'competition, will monitor compliance with the proposed commitments."

Alfonso Lamadrid, Senior Associate at the EU and Competition Law Department of Garrigues; co-Blogger of Chillin'Competition

"In Spain, Christmas wishlists are typically addressed to one of the "Reyes Magos" (the three kings, or the three wise men), and it's they who deliver the gifts on January 6th. Therefore I would have three suggestions, one for each king.

1. Those sending their whishlist to Melchior could ask for a brand new antitrust-related book (and future best-seller): Market Power in EU Antitrust Law. If you prefer to disconnect and would like non-competition related readings, I would suggest a novel from Dave Eggers or Arturo Pérez-Reverte. For more serious, deeper, stuff, try "The Revolt of the Masses" by Ortega y Gasset or "The Idea of Justice" by Amartya Sen.

2. Those sending their wishlist to Caspar could ask him to donate the cost of their gift to an NGO. UNHCR would be a safe choice.

3. Finally (given that it is now--allegedly--common to discriminate in favor of one´s own contents, I will do so as well) those sending the wishlist to Balthazar could ask for some very special Christmas stuff (turrón, polvorones or roscos de reyes) from Casa Vejo, my family´s bakery in the north of Spain ;)"



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