Blog o’ Blogs June

June 2016, Volume 8, Number 5

The looming spectre of Brexit and its impact on EU competition is among the most watched topics this month, along with takes on China’s new monopoly regulations. With further changes in the US and Canada, as well as bold moves from German authorities, the Spring gears up for a dizzying close.

Mergers and the Public Interest: the hardest nut to crack for CMA’s new Chief Executive?
by David Reader
After two years at its helm, the Chief Executive of the UK’s Competition & Markets Authority (CMA), Alex Chisholm, is stepping down to become the new Permanent Secretary at the Department for Energy and Climate Change (DECC).

Should markets be regulated in Brussels or London? Brexit and competition policy
by Bruce Lyons
Much of the UK referendum debate jumps in on headline details about specific ‘regulatory burdens’ without thinking carefully about how to compare membership of the EU against life outside the single market.

Taking It With a Grain of Salt – China’s Commitment To Breaking Up Monopolies
Adrian Emch/May 30, 2016
Edible salt has been subject to a State/government monopoly/-ies in China since the Han Dynasty in around 120 BC.  Salt used to be a relatively scarce product, at least in the more inland areas of China, yet very important for the people’s diet.

Brexit and competition law
Assimakis Komninos/White & Case
A “leave” vote in the UK referendum on 23 June 2016 would have a number of repercussions. Competition law is not one of these areas where these repercussions are going to be dramatic, but still a few things both at the UK and at the whole of the (remaining) EU would be different.

Hitachi Chemical Plea Agreement: Part 2
By Robert Connolly
On April 27, 2016 Hitachi Chemical was charged by the Antitrust Division in a one count Information alleging that the company (through predecessor companies) engaged in a conspiracy to fix prices and rig bids of certain electrolytic capacitors in the United States and elsewhere.

Corporate or Non-Corporate? A New Approach To Classifying Foreign Entities Under HSR Rules
By Premerger Notification Staff, Bureau of Competition
Under the Hart-Scott-Rodino (HSR) Act and Rules, determining whether a U.S. entity is a corporation or a non-corporate entity (like an LLC or LP) is relatively clear.  For foreign entities, the answer is often not so clear.

Antitrust: Yearly Review of Mergers and Acquisitions
By Lisa Kimmel
Lisa Kimmel, Senior Counsel of Crowell & Moring, presents a year in review, focused on mergers and acquisitions.

PODCAST: Competition Law & Regulation in Sport – American Needle
In this podcast, two experienced competition lawyers (Benoît Keane and Helen Bignall) discuss the interaction between EU competition rules and sporting competitions, events and merchandising rights.

Antitrust Overhaul? Let’s Get a Better Owner’s Manual First
By Steven J. Cernak/June 2, 2016
The most recent edition of the ABA Antitrust Section’s Antitrust Law Journal has yet another thoughtful piece from Dick Steuer. Titled “Antitrust Overhaul” this is not the first time Steuer has covered a big-picture antitrust question in a thought-provoking, readable piece. Here, he suggests that an “overhaul” of the language of the U.S. antitrust laws might soon be necessary.

Chillin’Competition goes to Cannes
By Alfonso Lamadrid
A few weeks ago some of my statements on the impact of the Commission’s Pay TV case featured in The Hollywood Reporter. In essence, I explained that in spite of appearances, this case is not about TV licensing but about the financing of film productions, and that if the case were to go forward, the fragile financing structure of European filmmaking would collapse.

Health Check for Hospitals in Germany
By Till Steinvorth
A sector inquiry is still a relatively new instrument in the toolboxes of European competition authorities. The law allows the Bundeskartellamt to investigate a specific sector of the economy – even if there is no evidence of anticompetitive behavior.

Pharma in brief – Pharmacy customer incentive/loyalty programs for drugs and pharmacy services – prohibited in BC, but allowed in Alberta
By Karen Sie
The College of Pharmacists of British Columbia (CPBC) appeals a judgement of the Supreme Court of British Columbia striking down Bylaws of the CPBC prohibiting pharmacists from providing “customer incentive programs” to patients in connection with the purchase of drug products or pharmacy services.

Commercial and legal considerations of marijuana legalization
By Dustin Paterson, Byron Tse
The Government of Canada’s proposal to legalize marijuana for recreational use in 2017 has been the focus of considerable media attention, and has spurred the interest of individuals and companies desiring to enter the budding industry. This article will highlight some of the potential commercial and legal issues that will likely confront prospective market entrants.

Third Circuit Rejects Drug Manufacturer’s Single-Product Bundling Claim – But Prescription for the Future Is Unclear
by Ellen Caro, Russell Cohen and Howard Ullman
You know what they say: one man’s price is another man’s bundle.  No?  Well maybe they should, after this recent decision out of the Third Circuit in Eisai, Inc. v. Sanofi Aventis U.S., LLC involving allegedly exclusionary discounting.

What would it take to disrupt Facebook?
By Joshua Gans
Among other things, a platform is a device for coordinating the choices of many individuals. By contrast, disruption, and particularly demand-side disruption of the type put forward by Clay Christensen, is a force that relies on a steady process of picking off one customer at a time.