NOV-13(2)

We’re observing the start of the holiday season with a cornucopia of controversial antitrust topics including FTC Commissioner Josh Wright’s response to our September colloquium on unfair methods of competition authority under Section 5, CRA culpability, confidentiality exceptions in disclosure, accurate damages calculation, compensating whistleblowers, the Gazprom case, and snack food dominance carried too far. […]

Recalibrating Section 5: A Response to the CPI Symposium

Joshua Wright, Nov 27, 2013 I want to thank the participants in Competition Policy International’s Symposium on the Federal Trade Commission’s unfair methods of competition  authority under Section 5 of the FTC Act and, in particular, discussing my Proposed Policy Statement suggesting one approach to defining what constitutes an UMC. The Symposium elicited many thoughtful contributions and […]

Is There Misdiagnosis and Mistreatment in the Market for Credit Ratings?

Rosa Abrantes-Metz, Nov 27, 2013 Credit Rating Agencies were at the center of the recent financial crisis, with some critics going so far as to blame them for the crisis itself. A number of proposals have been made to reign in the CRAs and recently we have seen the creation of a new CRA in Europe, […]

Ending the Confidentiality Exception to Due Process

Roy Hoffinger, Nov 27, 2013 It is time to end the “confidentiality” exception to according a Respondent due process. At the same time, prohibitions and measures to enforce against the disclosure by the agency of any party or third-party’s confidential documents and information, except to the Respondent pursuant to a protective order, should be maintained […]

Private Enforcement Under EU law: Abuse of Dominance and the Quantification of Lucrum Cessans

Frank Maier-Rigaud, Ulrich Schwalbe, Nov 27, 2013 Damages caused by violations of Article 101 and 102 Treaty on the Functioning of the European Union are viewed as an important private enforcement complement to the public enforcement of competition law by the European Commission and National Competition Authorities in the European Union. There is an increasing amount of […]

Bring in the Whistleblowers and Pay Them The Next Logical Step in Advancing Antitrust Enforcement

Gordon Schnell, Nov 27, 2013 Corporate leniency. It is for most countries these days the key foundation to cartel enforcement. Encouraging the wrongdoers to come forward, confess their antitrust transgressions, expose their co-conspirators, and receive absolution or some form of leniency in return. By most accounts, these programs have worked fairly well. Some would argue […]

Competition Issues Regarding Procurement for Large Companies and Suppliers The Gazprom Case

Svetlana Golovanova, Andrey Shastitko, Nov 27, 2013 This article demonstrates that even established and verified facts of agreements among producers are not sufficient conditions for either cartel identification and, as a consequence, prosecution of agreement participants. Qualifying sellers’ interactions on a market as collusion is not a simple task, although it might seem so if […]

Abusing Salty Snacks: A Bad Habit With Anticompetitive Effects

Lia Vitzilaiou, Nov 27, 2013 By its judgment No. 869/2013, the Athens Administrative Court of Appeals ruled on an appeal filed by TASTY FOODS S.A. against decision No. 520/VI/2011 of the Hellenic Competition Commission. The AACA judgment fully upheld the HCC decision on the merits, acknowledging however some attenuating circumstances which reduced the total penalty […]