Net Neutrality: an E.U./U.S. Comparison

Martin Cave & Ingo Vogelsang, March 20, 2016 Net neutrality has been an issue that has preoccupied consumers, firms and regulators over the past decade. It concerns the financial and qualitative terms on which unaffiliated content and application providers (“CAPs”) may have their content delivered by the local access provider or Internet Service Providers (“ISPs”). […]

State Created Barriers to Exit: The Example of the Acquisition of Alstom by General Electric

Nicolas Petit, March 20, 2016 This paper seeks to understand the competitive impact of State restrictions to M&A transactions that target domestic corporations. In the economic literature, a rich body of papers has examined the impact of State restrictions in terms of market access, international trade and FDI. In contrast, the consequences of State restrictions […]

Competition Policy in Consumer Financial Services: The Disparate Regulation of Online Marketplace Lenders and Banks

Thomas P. Brown and Molly E. Swartz, March 20, 2016 In October 2014, Washington D.C. City Council passed legislation that effectively allowed Uber to operate in the District. David Plouffe, formerly an advisor to the President and now an executive with Uber, greeted the new legislation with the following observation: Obviously what we’re doing doesn’t […]

Huawei v ZTE – No More Need to Look at the Orange Book in SEP Disputes

This article is part of a Chronicle. See more from this Chronicle James Killick, Stratigoula Sakellariou, Oct 27, 2015 Industry standards are crucial for economic development—they reduce transaction and production costs; they increase efficiency; they ensure network interoperability. A number of industries, such as telecoms, IT, and automotive heavily rely on standards. Once a standard […]

Criminalization of Cartels and Leniency: An Exercise in Complexity

Criminalization of Cartels and Leniency: An Exercise in Complexity

This article is part of a Chronicle. See more from this Chronicle Marcelo Calliari, Sep 16, 2015 What change a decade brings. Ten years ago the calls for a spread of leniency policies were undisputed. Their success in detecting cartels in a few jurisdictions, notably the United States and the European Union, seemed to justify the […]

EU Competition Enforcement and Compliance with Fundamental Rights’ Standards: The Challenge and the Promise of Accession to the ECHR

EU Competition Enforcement and Compliance with Fundamental Rights’ Standards: The Challenge and the Promise of Accession to the ECHR

This article is part of a Chronicle. See more from this Chronicle Arianna Andreangeli, Jul 15, 2015 The question of the compliance of the framework and the procedures for the enforcement of the EU competition rules with human rights’ rules has been a vexed subject for many years. In that context, whether and how the […]

FTC v. St. Luke’s: Is the Efficiencies Defense Dead or Alive?

FTC v. St. Luke’s: Is the Efficiencies Defense Dead or Alive?

This article is part of a Chronicle. See more from this Chronicle Deirdre McEvoy, Kathrina Szymborski, Apr 27, 2015 A recent Ninth Circuit ruling holding that the merger of St. Luke’s Health System, a not-for-profit health care system operating seven hospitals throughout Idaho, and Saltzer Medical Group, the largest independent multi-specialty physician group in Idaho, […]

Why the Motorola Mobility Decision was Good for Cartel Enforcement and Deterrence

This article is part of a Chronicle. See more from this Chronicle Robert Connolly, Jan 29, 2015 I was pleased to have an article I wrote on the FTAIA cited and quoted from in the recent Motorola Mobility opinion. I agree with the decision in Motorola Mobility and I also believe that the decision was a […]

Huawei: Establishing the Legal Standard for a FRAND Defense as a Basis for Resisting Requests for Injunctive Relief for Infringements of SEPs Under Competition Law

This article is part of a Chronicle. See more from this Chronicle Miguel Rato, Collette Rawnsley, Mark English, Oct 27, 2015 On July 16, 2015, the Court of Justice handed down the eagerly anticipated preliminary ruling concerning the circumstances in which a (presumptively dominant) standard essential patent holder who has given a commitment to license […]

Huaweï v ZTE: Judicial Conservatism at the Patent-Antitrust Intersection

This article is part of a Chronicle. See more from this Chronicle Nicolas Petit, Oct 27, 2015 At its core, the preliminary ruling of the Court of Justice of the European Union in Huaweï v ZTE explains whether, and if so how, holders of FRAND-pledged Standard-Essential Patents  abuse a dominant position under Article 102 TFEU […]