DEC-14(1)

In this issue: The subject of merger remedies dramatically demonstrates the increasing complexity of antitrust regulation. In this issue, organized by Danny Sokol, we look at problems with conditions imposed on proposed mergers, including (i) dealing with ever-changing high-tech markets, (ii) conflicts across multiple regimes, (iii) competition laws that deal with more than maintaining competitive markets, […]

Finding the Right Lodestar for Defining Markets

This article is part of a Chronicle. See more from this Chronicle David Balto, Matthew Lane, Dec 16, 2014 Economics is the lodestar for antitrust law and sound competition policy. Economic reasoning plays a key role in identifying the problems being litigated and framing the legal rules that will be applied to these problems. McWane […]

The HCC Guide on the Detection and Prevention of Collusive Tendering

This article is part of a Chronicle. See more from this Chronicle Lia Vitzilaiou, Dec 16, 2014 On September 24, 2014, the Hellenic Competition Commission published a guide on the detection and prevention of collusive practices in public procurement (collusive tendering), focusing on structural and behavioral screens. Although the guide is in principle addressed to […]

Yes We Can, But Should We? Merger Remedies During the First Obama Administration

This article is part of a Chronicle. See more from this Chronicle Keith Klovers, Christine Wilson, Dec 16, 2014 During the 2008 Presidential election, Barack Obama promised to “reinvigorate” antitrust enforcement in the United States. Candidate Obama focused in part on merger enforcement, an area in which he promised to “step up review of merger […]

Expanding EU Merger Control to Non-Controlling Minority Shareholdings: A Sledgehammer to Crack a Nut?

This article is part of a Chronicle. See more from this Chronicle Nicholas Levy, Dec 16, 2014 In July 2014, the European Commission issued a White Paper and a Staff Working Document confirming its intention to propose expanding the jurisdictional scope of the EU Merger Regulation to capture the acquisition of non-controlling minority shareholdings. This article considers two questions: […]

Merger Remedies in Transnational Mergers: When Less is More

This article is part of a Chronicle. See more from this Chronicle Ana Paula Martinez, Mariana Tavares de Araujo, Dec 16, 2014 In the current context of increasing global mergers and complex vertical arrangements, antitrust authorities all around the world are faced with the challenge of designing remedies to, on the one hand, allowing a […]

The Real Threat Posed by Global Merger Enforcement Divergence

This article is part of a Chronicle. See more from this Chronicle Adam DiVincenzo, Dec 16, 2014 In today’s world, where nearly 100 enforcement regimes are empowered to seek remedies for international transactions, it is inevitable that competition laws and practice in one jurisdiction differ from another. In the context of the U.S. and EU […]

A Comparative Analysis of the Use of Merger Remedies in Technology Industries

This article is part of a Chronicle. See more from this Chronicle Kellie Kemp, Scott Sher, Dec 16, 2014 Antitrust regulators reviewing technology mergers frequently are confronted with complicated issues related to remedies. Indeed, merger remedies in technology markets often involve regulation of the merging parties’ post-merger conduct as opposed to so-called “structural” remedies such […]

The Broader Implications of Merger Remedies in High Technology Markets

This article is part of a Chronicle. See more from this Chronicle Daniel Sokol, Dec 16, 2014 Merger remedies are an area of increasing complexity around the world. They are also an area of increased focus by competition authorities both with regard to process (particularly coordination) and substance. The recent ICN merger working group workshop […]