Antitrust Chronicle – Editorial Board Antipasto

Antitrust Chronicle – Editorial Board Antipasto

Dear Readers, To kick off our round of summer editions, the July 2018 CPI Antitrust Chronicle features articles from members of the CPI Editorial Advisory Board. This compilation of articles covers a variety of jurisdictions and antitrust topics including foreign direct investment, machine learning and cartel detection, excessive pricing in the pharmaceutical sector and the […]

Looking a Gift Horse in The Mouth: Heightened Scrutiny of Foreign Direct Investment

Looking a Gift Horse in The Mouth: Heightened Scrutiny of Foreign Direct Investment

By Rachel Brandenburger & Christopher Hutton –  Although levels of foreign direct investment fell in 2017, they remain strong. At the same time, the scrutiny of foreign investments has increased. Enhanced scrutiny will inevitably be a factor for investors planning cross-border deals. Investors will need to be prepared, particularly when navigating navigate multiple regimes. At […]

The Cat Warns Antitrust Watchdogs to be Careful When Looking at Excessive Pricing

The Cat Warns Antitrust Watchdogs to be Careful When Looking at Excessive Pricing

By James Killick & Assimakis Komninos –  This article analyses the recent judgment of the UK Competition Appeal Tribunal (“CAT”) which annulled the decision fining Pfizer and Flynn Pharma for abusing their dominant position by charging excessive prices for a pharmaceutical product. While some elements of the CAT’s ruling are based on the relatively unusual […]

The Per Se Rule Against Hard-Core Antitrust Violations: Etched in Stone or Endangered Species?

The Per Se Rule Against Hard-Core Antitrust Violations: Etched in Stone or Endangered Species?

By Jay L. Himes & Brian Morrison –  Last year, the District Court for the District of Utah held that the rule of reason governed a criminal antitrust prosecution by the Department of Justice, filed against a company that allocated customers with a competitor. This trial level ruling is on appeal to the Tenth Circuit. […]

The Political Economy of Excessive Pricing in The Pharmaceutical Sector in The EU: A Question of Democracy?

The Political Economy of Excessive Pricing in The Pharmaceutical Sector in The EU: A Question of Democracy?

By Robert O’Donoghue QC –  Until recently, excessive pricing as an antitrust violation in the EU was considered a dead letter – there had been no proceedings for over a decade. The last few years have witnessed a dramatic surge in such cases, almost exclusively in the pharmaceutical sector. This piece argues that in a […]

Sorting The Collusive Goats from The Consciously Parallel Sheep

Sorting The Collusive Goats from The Consciously Parallel Sheep

By Aaron M. Panner –  This comment distinguishes oligopolistic price coordination – tacit collusion – from competitive conscious parallelism. The key characteristic of tacit collusion is that the success of a price hike depends on rivals’ adoption of a parallel increase; otherwise, competitive losses will force the price leader to retract the increase. But certain […]

Antitrust Chronicle – Enabling The Fourth Industrial Revolution

Antitrust Chronicle – Enabling The Fourth Industrial Revolution

Dear Readers, The June 2018 CPI Antitrust Chronicle addresses issues related to the fifth annual LeadershIP Conference, “Enabling the Fourth Industrial Revolution,” which took place in Washington, D.C. on April 10th. The panelists at the conference came from the private and public sectors: regulators, academics and private practitioners. We are pleased to have articles from […]

CPI Talks… With Makan Delrahim

CPI Talks… With Makan Delrahim

An interview by Judge Douglas Ginsburg –  Makan Delrahim, the Assistant Attorney General for Antitrust at the U.S. Department of Justice, delivered the keynote address at the LeadershIP Conference on IP, Antitrust, and Innovation Policy, which was co-sponsored by Competition Policy International. Following up on that discussion, Mr. Delrahim graciously agreed to answer the following […]

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