A Competitive Analysis of the Proposed XM-Sirius Satellite Radio Merger

This article is part of a Chronicle. See more from this Chronicle Paul Larkin, Jul 26, 2007 On February 19, 2007, America’s two satellite radio companies -XM, based in Washington, D.C., and Sirius, based in New York City- proposed a merger of the two firms. The union would be accomplished by an exchange of shares […]

Leegin and the Future of Resale Price Maintenance

This article is part of a Chronicle. See more from this Chronicle Tad Lipsky, Jul 16, 2007 On June 28, the U.S. Supreme Court issued its opinion in Leegin Creative Leather Products, Inc. v. PSKS, Inc. The Court in Leegin overruled a 96-year-old precedent, and held that minimum resale price agreements should now be judged […]

U.S. Supreme Court: 2006 Term in Review

This article is part of a Chronicle. See more from this Chronicle Jul 05, 2007 The 2006 Term of the U.S. Supreme Court was an extremely significant one for U.S. antitrust law and competition policy. The Court heard four cases addressing several important aspects of antitrust law. For further discussion on these cases, follow the […]

Supreme Court Rules That Antitrust Claims Relating To IPO Underwriting Conduct Are Precluded By The Securities Regulatory Regime

This article is part of a Chronicle. See more from this Chronicle Payal Shah, Claire Webb, Alan Weinschel, Jun 29, 2007 In Credit Suisse Securities (USA) LLC v. Billing et al., No. 05-1157, 2007 WL 1730141 (U.S., June 18, 2007), the Supreme Court limited the ability of plaintiffs to bring antitrust claims for conduct that […]

Has the Supreme Court Given Regulated Industries Implied Immunity from the U.S. Antitrust Laws?

This article is part of a Chronicle. See more from this Chronicle Svetlana Gans, Connie Robinson, Jun 29, 2007 Introduction In a 7-1 decision, the U.S. Supreme Court recently determined that the Securities and Exchange Commission (SEC) is better equipped than judges and juries to determine the legality of underwriting activities, such as syndication and […]

The Burden of Proof in the European Commission’s Draft Notice on Remedies

Carsten Grave, Jun 29, 2007 On April 24, 2007 the European Commission’s Directorate General for Competition (“DG Comp”) began its public consultation on the new “Commission Notice on remedies acceptable under Council Regulation (EEC) No 139/2004 and under Commission Regulation (EC) No 802/2004″ when it published a draft of this text (“Draft Remedies Notice”), accompanied […]

Credit Suisse, Regulatory Immunity, and the Shrinking Scope of Antitrust

This article is part of a Chronicle. See more from this Chronicle Keith Sharfman, Jun 29, 2007 Last week, in Credit Suisse Securities v. Billing, the U.S. Supreme Court dismissed a variety of antitrust claims brought by investors against underwriters from whom they had purchased securities, on the theory that securities underwriting is implicitly immune […]

An Unfortunate Turn for Europe

This article is part of a Chronicle. See more from this Chronicle Antonio Bavasso, Jun 26, 2007 As the curtain closes on the Brussels summit it is time to reflect on the implications of the removal of the reference to “free and undistorted” competition from the Union’s objectives. Commissioner Kroes is of course saying today […]

French Competition Council vs. GSK France: who is the predator?

This article is part of a Chronicle. See more from this Chronicle Jeremy de Douhet, Axel Schulz, Jun 14, 2007 This article was originally published in Competition Policy Insight. It is republished here with permission. On 14 March 2007 the French Competition Council issued a decision imposing a EUR 10 million fine on GlaxoSmithKline France […]

Bundled Discounts and the Antitrust Modernization Commission

This article is part of a Chronicle. See more from this Chronicle Aaron Panner, Jul 15, 2007 The Report of the Antitrust Modernization Commission devotes relatively little space to antitrust common law the judge-made doctrine that governs unreasonable restraints of trade under Section 1 and monopolization under Section 2 of the Sherman Act. That lack […]