In this issue:
For our summer finale, we present an antipasto of three mini symposia. The first includes papers inspired by the recent OECD conference, two on network neutrality and one on best practices-or maybe worst practices would be more appropriate. The second updates some of our issues from previous months, including papers on credit rating agencies, the Sherman Act’s extraterritorial reach, the EU’s approach to Chinese Soe’s, and the historic Movil ruling in Mexico. Our third symposium delves into the continuing issue of the challenges developing countries face in developing competition policy; in this case, we look at Russia.
OECD Inspired: Network Neutrality & Best Practices
Do we know enough to be sure that there are market failures that should be corrected or that policymakers could know enough about the present and future of the internet economy to devise regulations that would improve social welfare? (David S. Evans, Global Economics Group & UCL)
Certain aspects associated with network neutrality, and linked not only to content and identity but also the blocking of certain content or applications, may raise serious competition concerns. (Frank Maier-Rigaud, OECD)
The Australian government has proposed amendments to the CCA that aim to regulate information disclosure; if enacted, the proposal could be said to represent international worst practice. (Caron Beaton-Wells & Brent Fisse, Univ. of Melbourne Law School)
Hot Topic Updates
Interestingly, while all the evidence points to the existence of a competition problem in the rating industry, almost nothing has been written on whether the CRAs could be amenable to antitrust scrutiny. (Nicolas Petit & Norman Neyrinck, Univ. of Liege School of Law )
The Sherman Act’s Criminal Extraterritorial Reach: Unresolved Questions Raised By United States v. AU Optronics Corp
This case presents a rare opportunity to litigate unresolved issues respecting the antitrust laws applicability to international cartels in the criminal context. (Mark S. Popofsky & Anthony Biagioli, Ropes & Gray)
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
The recent EC decisions regarding transactions by Chinese State-owned enterprises raised several issues, not the least of which is whether the vagueness in the decisions could put off future sellers. (Kiran Desai & Manu Mohan, Mayer Brown)
The debate over the Competition Commission’s determination that TELCEL is incurring a margin squeeze has been centered (almost) exclusively on the enormous size of the fine imposed and the polarized nature of the Commissioners votes”but there has not been a proper discussion on the economic reasoning over which this case was constructed. (VÃctor PavÃ³n-Villamayor, Federal Telecommunications Commission, Mexico)
Russia: Developments in Competition Policy
Certain characteristics of competition policy in Russia still objectively hinder the effectiveness of the leniency program, even after recent changes. (Andrey Shastitko, Bureau of Economic Analysis, & Svetlana Avdasheva, National Research Univ., Higher School of Economics).
Are there grounds to believe that Russian law enforcement follows European practices by borrowing the European norm of collective dominance, and adapting it in Russia to deal with its emerging market economy? (Andrey Shastitko, Bureau of Economic Analysis Foundation)