The Commission’s Non-Contractual Liability in the Field of Merger Control “Don’t Use a Hammer When You Need a Screwdriver”

This article is part of a Chronicle. See more from this Chronicle Nicolas Petit, Miguel Rato, Jun 30, 2007 Introduction It has become conventional wisdom to view the rulings handed down by the Court of First Instance (CFI) in Airtours, Schneider, Tetra Laval and Impala as unprecedented setbacks for the European Commission (the Commission) that […]

Jul-07(1)

In this issue: The Brussels Summit and European Competition Law Antonio Bavasso, Jun 26, 2007 An Unfortunate Turn for Europe As the curtain closes on the Brussels summit it is time to reflect on the implications of the removal of the reference to “free and undistorted” competition from the Union’s objectives. Credit Suisse: U.S. Antitrust […]

Predation, Exclusion, and Complement Market Monopolization

This article is part of a Chronicle. See more from this Chronicle Timothy Brennan, Jul 13, 2009 The handling of cases under the rubrics “monopolization,”single-firm conduct,” or “abuse of dominance” continues to be debated by the competition policy community. This debate, as evidenced by the Antitrust Division’s Sept. 2008 single-firm conduct report, followed by the […]

Innovation Markets after Genzyme/Novazyme

This article is part of a Chronicle. See more from this Chronicle Richard Gilbert, Jul 12, 2008 The U.S. Federal Trade Commission alleged adverse effects on innovation in about forty percent of all merger challenges between 1996 and mid-2008. The percentage was much higher for challenges in industries with unusually high research and development intensity, […]

Competition and Innovation Policy

This article is part of a Chronicle. See more from this Chronicle Philip Lowe, Jul 12, 2008 Innovation and competition go hand in hand. Innovative markets are competitive markets and innovative companies succeed in them. In the European Commission, as in competition authorities across the world, our focus is on ensuring that this happens in […]

Margin Squeeze in Regulated Industries: The CFI Judgment in the Deutsche Telekom Case

This article is part of a Chronicle. See more from this Chronicle Pierre-André Buigues, Robert Klotz, Jul 10, 2008 n its long-awaited ruling of April 10, 2008, the Court of First Instance upheld the decision of the European Commission imposing on the German incumbent operator Deutsche Telekom a fine of EUR 12.6 million for abuse […]

Antitrust and the Real Estate Industry: Looking Backwards and Forwards

This article is part of a Chronicle. See more from this Chronicle Thomas Brown, Whitney McCollum, Jul 10, 2008 Oh how times have changed. Two years ago, when one of us last sat down to write about antitrust and the residential real estate industry, housing prices were rising around the United States. Some cracks had […]

Supreme Court Rules That Antitrust Claims Relating To IPO Underwriting Conduct Are Precluded By The Securities Regulatory Regime

This article is part of a Chronicle. See more from this Chronicle Payal Shah, Claire Webb, Alan Weinschel, Jun 29, 2007 In Credit Suisse Securities (USA) LLC v. Billing et al., No. 05-1157, 2007 WL 1730141 (U.S., June 18, 2007), the Supreme Court limited the ability of plaintiffs to bring antitrust claims for conduct that […]

Has the Supreme Court Given Regulated Industries Implied Immunity from the U.S. Antitrust Laws?

This article is part of a Chronicle. See more from this Chronicle Svetlana Gans, Connie Robinson, Jun 29, 2007 Introduction In a 7-1 decision, the U.S. Supreme Court recently determined that the Securities and Exchange Commission (SEC) is better equipped than judges and juries to determine the legality of underwriting activities, such as syndication and […]

The Burden of Proof in the European Commission’s Draft Notice on Remedies

Carsten Grave, Jun 29, 2007 On April 24, 2007 the European Commission’s Directorate General for Competition (“DG Comp”) began its public consultation on the new “Commission Notice on remedies acceptable under Council Regulation (EEC) No 139/2004 and under Commission Regulation (EC) No 802/2004″ when it published a draft of this text (“Draft Remedies Notice”), accompanied […]