AUG-11(2)

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 […]

The Sherman Act’s Criminal Extraterritorial Reach: Unresolved Questions Raised By United States v. AU Optronics Corp

Anthony Biagioli, Mark Popofsky, Aug 30, 2011 Over the last decade, the Department of Justice’s (“DOJ’s”) vigorous criminal antitrust enforcement-driven by amnesty for the first self-reporting company-has led numerous companies and executives to plead guilty. Indeed, over the last decade, no corporate defendant (and only a few individuals) has taken the government to trial in […]

Net Neutrality Regulation and the Evolution of the Internet Economy

David Evans, Aug 30, 2011 There have been a number of calls for the government to regulate internet businesses. The most prominent of these involves “net neutrality” regulation of pricing by Internet Service Providers (ISPs). In a short space of time the net neutrality debate has resulted in a voluminous and heated literature. More recently […]

Network Neutrality: A Competition Angle

Frank Maier-Rigaud, Aug 30, 2011 Overall, the regulatory and competition issues surrounding the question of internet traffic prioritization are far from solved and the debate is far from being over. A division of labor between appropriate ex ante (mainly access) regulation that generates and fosters functioning broadband competition-possibly also regulating traffic-shaping methods not aimed at […]

Australia’s Proposed Information Disclosure Legislation: International Worst Practice

Caron Beaton-Wells, Brent Fisse, Aug 30, 2011 Regulating information disclosure and exchange by competitors is widely seen as one of the most challenging aspects of competition law. The economic theory is complex and, as highlighted by a recent OECD Policy Roundtable, legislators continue to search for satisfactory legal approaches. The Australian government has proposed amendments […]

Credit Rating Agencies and Competition Law

Norman Neyrinck, Nicolas Petit, Aug 30, 2011 It will have taken policy makers an extra financial crisis to realize that financial markets should not be hostage of the predictions of the “big three” credit rating agencies (the “CRAs”), i.e. Moody’s Investors Services, Standard & Poor’s, and Fitch ratings. Pluralism in ratings is the new mantra […]

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

JuriKiran Desai, Manu Mohan, Aug 30, 2011 In the first half of 2011 the European Commission (“Commission”) published three decisions involving State-owned enterprises (“SOE”) that are Chinese. The Commission stated that it had examined both whether the decision-making power lay with the controlling entity above them and to what extent they competed with other public […]

Margin Squeeze in Mexican Mobile Telecommunications

Victor Pavon-Villamayor, Aug 30, 2011 On April 7th 2011, the Mexican Competition Commission (“CFC”) imposed a historic fine against TELCEL, the largest mobile operator in Mexico and a subsidiary of the Latin American telecommunications giant America Movil. The fine was motivated by the identification of allegedly anticompetitive conduct in the market for the “termination” of […]

Introduction of Leniency Programs for Cartel Participants: The Russian Case

Svetlana Avdasheva, Andrey Shastitko, Aug 30, 2011 Collusion of market participants is one of the most dangerous forms of restriction of competition, adversely affecting incentives and, as a consequence, allocation and production efficiencies. According to some estimates, the average price rise under price-fixing is 10 percent ; several studies give even higher estimates. For example, […]

Collective Dominance Through the Lens of Comparative Antitrust

MAndrey Shastitko, Aug 30, 2011 A new stage in the development of the Russian antitrust policy began in 2006, due to the development and adoption of the package of laws aimed to harmonize Russian antitrust legislation with European practices. This adoption changed not only the design of the antitrust legislation, but also its role in […]