May-07(2)

In this issue: U.S. Supreme Court’s Decision in Twombly   Jan 01, 2007 Background on: Bell Atlantic Corp. v. Twombly In this case, the Court addressed the issue of whether allegations of parallel conduct, coupled with a bare allegation of conspiracy, are sufficient to state a claim for relief under  1 of the Sherman Antitrust […]

The OFT Discussion Paper – Private Actions In Competition Law: Effective Redress For Consumers And Businesses

This article is part of a Chronicle. See more from this Chronicle Emanuela Lecchi, May 04, 2007 As regulators and competition authorities are never tired to tell us, “A healthy competitive market place guarantees the best possible deal for European consumers and businesses alike.” (Neelie Kroes speech before the European Parliament in November 2004, when […]

May-07(1)

In this issue: The OFT and Private Actions Elizabeth Morony, Luke Tolaini, May 03, 2007 The Office of Fair Trading and Private Antitrust Litigation The UK Office of Fair Trading has issued a discussion paper on proposals to make redress for consumers and business for breaches of competition law more effective.   Emanuela Lecchi, May […]

Development of EC Competition Over Its First 50 Years Intervention Reduced

This article is part of a Chronicle. See more from this Chronicle Valentine Korah, Apr 06, 2007 Article 81 forbids as incompatible with the common market collusion that may affect trade between member states and has the object or effect of restricting competition. Such agreements are automatically void, but may be exempted under Article 81(3). […]

Mar-07(2)

  In this issue: The Burrell Lecture: Sir John Vickers John Vickers, Mar 22, 2007 Competition Law and Economics: A Mid-Atlantic Viewpoint In his Burrell Lecture, given before the Competition Law Association, the author compares and contrasts trends in competition law and policy on both sides of the Atlantic, noting areas in which EC and […]

Mar-07(1)

In this issue: The Commission’s Draft Guidelines on Non-horizontal Mergers Robert O’Donoghue, David Parker, Mar 14, 2007 The Final Piece In The Jigsaw: An Analysis Of The Draft European Commission Guidelines On Non-Horizontal Mergers This article examines in detail the extent to which the Draft Guidelines set out a coherent and economically sound approach to […]

The Final Piece In The Jigsaw: An Analysis Of The Draft European Commission Guidelines On Non-Horizontal Mergers

This article is part of a Chronicle. See more from this Chronicle Robert O’Donoghue, David Parker, Mar 14, 2007 On February 13, 2007, the European Commission (the “Commission”) published its long-awaited draft guidelines outlining the analytical framework that it intends to apply to non-horizontal mergers (the “Draft Guidelines”). The Draft Guidelines complete a series of […]

Feb-07(2)

In this issue: The U.S. Supreme Court’s Decision in Weyerhaeuser Feb 14, 2007 Background on: Weyerhaeuser Co. v. Ross-Simmons Lumber Co., Inc. At issue in this case was whether the test applied for analyzing predatory pricing claims, first articulated by the U.S. Supreme Court in Brooke Group, Ltd. v. Brown & Williamson Tobacco Corp., 509 […]

Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co.: Extending The Rule of Brooke Group, But How Far?

This article is part of a Chronicle. See more from this Chronicle David Olsky, Feb 22, 2007 The general legal standard for determining whether unilateral conduct violates Section 2 of the Sherman Act is murky, to say the least. Many courts have employed a “totality of the circumstances” approach, leaving it to the jury to […]