The EC Sector Inquiry Regarding Pharmaceuticals: Some Thoughts from a U.S. Perspective

This article is part of a Chronicle. See more from this Chronicle Kent Bernard, Feb 06, 2008 On January 16, 2008, the European Commission launched a sector inquiry by staging dawn raids on a number of pharmaceutical companies. When a major competition authority such as the Commission launches an “inquiry” into a sector of the […]

Should Intent Be a Separate Element of an Abuse of Market Dominance?

This article is part of a Chronicle. See more from this Chronicle Hyungbae Kim, Jan 27, 2008 In the history of Korean competition law enforcement, the decision of the Korean Supreme Court in the refusal to deal case, POSCO, is a milestone in market dominance abuse cases (a concept similar to monopolization under U.S. antitrust […]

The Microsoft Judgment: Article 82 Revisited?

This article is part of a Chronicle. See more from this Chronicle Denis Waelbroeck, Jan 25, 2008 The judgment of the European Court of First Instance in Microsoft raises several issues. In this article, we will look in particular at the main findings regarding the two abuses (refusals to license and product integration). Under the […]

The CFI Decision in Microsoft: Why the European Commission’s guidelines on abuse of dominance are necessary and possible

This article is part of a Chronicle. See more from this Chronicle Frederic Jenny, Jan 28, 2008 The Court of First Instance’s Microsoft decision provided the Court with an opportunity to express its views on several aspects of the current debate on the interpretation of Article 82 of the EC Treaty. This short note focuses […]

Analysis of the Korean Supreme Court decision concerning “unreasonableness” in the abuse of a market dominant position case involving Posco

This article is part of a Chronicle. See more from this Chronicle Joseph Hur, Jan 25, 2008 On Nov. 22, 2007, Korea’s Supreme Court rendered its decision in the market dominant position case against Posco. The significance of the Court’s decision will be made clearer as the KFTC turns to other market dominance investigations such […]

Comment on linkLine: A Call for Clarity

This article is part of a Chronicle. See more from this Chronicle David Olsky, Jan 14, 2008 In linkLine Communications, Inc. v. SBC California, Inc., the U.S. Court of Appeals for the Ninth Circuit ruled that an antitrust plaintiff may bring a “price squeeze” claim even when the alleged monopolist had no legal duty to […]

linkLine v. SBC: Back to the Future?

This article is part of a Chronicle. See more from this Chronicle Thomas Brown, Jan 09, 2008 A group of academics filed a brief in October urging the U.S. Supreme Court to grant the petition for certiorari in Pacific Bell Telephone Company v. linkLine Communications, No. 07-512. In and of itself, this is not surprising. […]

Comment on linkLine

This article is part of a Chronicle. See more from this Chronicle Jonathan Rubin, Jan 10, 2008 The Ninth Circuit’s majority opinion in Pacific Bell Telephone Co. v. linkLine Communications, Inc. is a thoughtful and not at all unreasonable approach to the application of the antitrust laws to telecommunications. Should the U.S. Supreme Court grant […]

Whither Price Squeeze Antitrust?

This article is part of a Chronicle. See more from this Chronicle Jonathan Jacobson, Valentina Rucker, Jan 07, 2008 Although the U.S. Supreme Court’s decision in Verizon Communications, Inc. v. Law Offices of Curtis V. Trinko circumscribed a plaintiff’s ability to set forth a claim against a monopolist for a refusal to deal, the case […]

Spain Appeals European Commission Decision Against Telefonica

This article is part of a Chronicle. See more from this Chronicle Robert Klotz, Nov 26, 2007 The Spanish Government recently decided to lodge an appeal before the European Court of First Instance (CFI) against the European Commission’s decision of July 4, 2007 imposing on Telefonica a high fine for abusing its dominant position in […]