Summer lulls in many jurisdictions provide a fertile ground for introspection, revision and theory. International organisms, academics and practitioners have taken this time to address the coming storms as Antitrust and competition law continue to play catch-up with changing technologies and an increasingly complex global economy, where blurring lines between private and public, necessary and proprietary assets and recurring head-butting between competing jurisdictions making for an interesting and controversial midsummer’s edition…
Last week the editorial board of the Washington Post penned an excellent editorial responding to the European Commission’s announcement of its decision in its Google Shopping investigation. Here’s the key language from the editorial:
Geoffrey Manne (Truth on the Market)
Stephen J. Cernak (Antitrust Connect)
£14 billion consumer class action against MasterCard falls at the first hurdle
On 21 July 2017, the Competition Appeal Tribunal (CAT) handed down its judgment in Merricks v MasterCard1refusing permission for opt-out class action proceedings to be brought against MasterCard. This judgment is significant: commercially, as it strikes out the largest damages claim ever issued in the UK courts (reported as being worth in the region of £14 billion ($18 billion)); and legally, because it provides important guidance on how the CAT will apply the new opt-out collective action regime…
(Norton Rose Fulbright)
Daniel A. Friedman & Robert P. LoBue (Antitrust Update)
Robert Connolly (Cartel Capers)
The financial crisis led to the bail out of several banks which were considered to be “too big to fail.” Considering the costs of those bail outs for the European taxpayer and in view of the importance of financial stability for the proper functioning of the EU’s internal market…
Christian Grobecker (Kluwer Competition)
Wow! As soon as the Google decision came out, the atmosphere got very nasty (so much so, in fact, that it occasionally bordered on the comical). And just when I thought things were calming down, the so-called Campaign for Accountability released its bomb: a database of research work directly or indirectly, actually or potentially, financed by Google…
Pablo Ibanez Colomo(Chilling Competition)
On July 24, as part of their newly-announced “Better Deal” campaign, congressional Democrats released an antitrust proposal (“Better Deal Antitrust Proposal” or BDAP) entitled “Cracking Down on Corporate Monopolies and the Abuse of Economic and Political Power.” Unfortunately…
The doctrine of federal antitrust law includes several immunities and exemptions—entire areas that are off limits to certain antitrust actions. This can be confusing, especially because these “exceptions” arise, grow, and shrink over time, at the seeming whim of federal courts…
Jarod Bona (The Antitrust Attorney)
If you ever wanted to sell a student on pursuing a career in antitrust because of the interesting possibilities, Brent Snyder’s career (which is far from over) would be a good case in point. Mr. Snyder graduated with Honors from the University of Texas School of Law, where he was an Associate Editor of the Texas Law Review…
Robert Connolly (Cartel Capers)
A recent decision by the High Court of Australia found that an agent may be in competition with its principal where certain features arise, such as the agent having the freedom to set its own prices or prioritize its own interests over those of its principal…
(Norton Rose Fulbright)
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