Antitrust Antipasto

Antitrust Antipasto

In this issue: We’re serving up our summer beach reading equivalent—an antitrust antipasto feast of eight disparate articles. Some bring us up to date on topics we dove into earlier, some respond to previous articles, some highlight topical subjects, and some visit intriguing parts of the world to see what’s new. There’s something here for […]

The Future of African Antitrust Enforcement

This article is part of a Chronicle. See more from this Chronicle Heather Irvine, Jul 24, 2015 An important legal development for global investors into Africa is the increasing enforcement of antitrust law by regional bodies like the Common Market for Eastern and Southern Africa (“Comesa”) as well as the East African Community (“EAC”) and […]

Debunking the Smallest Salable Unit Theory

This article is part of a Chronicle. See more from this Chronicle Richard Stark, Jul 24, 2015 Manufacturers of devices such as smartphones need licenses to intellectual property held by innovators. Naturally, as profit-maximizing entities, they prefer to acquire the licenses they need at the lowest possible cost—that is, for the smallest royalty payments, or […]

Ecuadorean Merger Control Regulation

This article is part of a Chronicle. See more from this Chronicle Diego Perez-Ordonez, Luis Marin Tobar, Jul 24, 2015 As of October 2011, Ecuador became a jurisdiction where merger control review and prior authorization is required prior to a change in control. The Organic Law for the Regulation and Control of Market Power (“the […]

Online Advertising Platforms and Personal Data Retail: Consequences for Antitrust Law

This article is part of a Chronicle. See more from this Chronicle Marcela Mattiuzzo, Jul 24, 2015 It is not surprising how much attention has been given to the digital economy over the past decade, especially to online advertising platforms (“OAPs”). However, despite the vast economic, legal, and even sociological literature on the topic, some aspects […]

Section 5 Enforcement: Common Law Guidance

This article is part of a Chronicle. See more from this Chronicle Pete Levitas, Farrell Malone, Jul 24, 2015 The proper scope of the U.S Federal Trade Commission’s Section 5 enforcement authority has been a recurring issue in antitrust enforcement. In recent months there has been renewed attention to the issue of formal guidance on […]

An Overview of the NDRC Decision in the Qualcomm Investigation

This article is part of a Chronicle. See more from this Chronicle H. Stephen Harris, Jr., Jul 24, 2015 This landmark case provides much needed guidance on the approach the NDRC will take to analyzing complex issues at the intersection of antitrust and intellectual property law. However, in part because the Decision itself is drawn in […]

Arbitrariness in Imposition of Penalties by the Competition Commission of India: The Need for Penalty Guidelines

This article is part of a Chronicle. See more from this Chronicle Ananya Gaur, Jul 24, 2015 Penalties/fines are an important element of a competition jurisdiction’s toolkit, even when criminal sanctions are present. The purpose of imposing penalties is generally either deterrence or retribution. They may play a critical role in deterring anticompetitive conduct particularly in […]

Healthcare Merger Antitrust Review: Increased Scrutiny for Any Provider Merger

This article is part of a Chronicle. See more from this Chronicle David Balto, James Kovacs, Jul 24, 2015 For nearly the last decade, there has been increased emphasis on controlling healthcare spending and costs in the United States. State and federal antitrust enforcement agencies have taken on a renewed focus of provider consolidation in […]