Dear Readers, To kick off our round of summer editions, the July 2018 CPI Antitrust Chronicle features articles from members of the CPI Editorial Advisory Board. This compilation of articles covers a variety of jurisdictions and antitrust topics including foreign direct investment, machine learning and cartel detection, excessive pricing in the pharmaceutical sector and the […]
An interview with Margrethe Vestager, European Commissioner for Competition.
By Rachel Brandenburger & Christopher Hutton – Although levels of foreign direct investment fell in 2017, they remain strong. At the same time, the scrutiny of foreign investments has increased. Enhanced scrutiny will inevitably be a factor for investors planning cross-border deals. Investors will need to be prepared, particularly when navigating navigate multiple regimes. At […]
By James Killick & Assimakis Komninos – This article analyses the recent judgment of the UK Competition Appeal Tribunal (“CAT”) which annulled the decision fining Pfizer and Flynn Pharma for abusing their dominant position by charging excessive prices for a pharmaceutical product. While some elements of the CAT’s ruling are based on the relatively unusual […]
By Rosa M. Abrantes-Metz & Albert D. Metz – In this brief note we explore some of the potential for modern “machine learning” methods to aid in the detection, and therefore defense, of collusive arrangements. We argue that where and when the problem can be formed as one of classification or prediction – are the […]
By Jay L. Himes & Brian Morrison – Last year, the District Court for the District of Utah held that the rule of reason governed a criminal antitrust prosecution by the Department of Justice, filed against a company that allocated customers with a competitor. This trial level ruling is on appeal to the Tenth Circuit. […]
The Political Economy of Excessive Pricing in The Pharmaceutical Sector in The EU: A Question of Democracy?
By Robert O’Donoghue QC – Until recently, excessive pricing as an antitrust violation in the EU was considered a dead letter – there had been no proceedings for over a decade. The last few years have witnessed a dramatic surge in such cases, almost exclusively in the pharmaceutical sector. This piece argues that in a […]
By Aaron M. Panner – This comment distinguishes oligopolistic price coordination – tacit collusion – from competitive conscious parallelism. The key characteristic of tacit collusion is that the success of a price hike depends on rivals’ adoption of a parallel increase; otherwise, competitive losses will force the price leader to retract the increase. But certain […]