CPI(6)2

Autumn 2010, Volume 6 Number 2

In this issue:

Our Autumn 2010 issue has cartels as its primary focus. Doug Ginsburg & Josh Wright argue for increasing punishment to the business people who participate in these price-fixing schemes. Competition authority heads Pieter Kalbfleisch and Mariana Tavares react as do economist Joe Harrington and lawyer Don Klawiter. Continuing the cartel theme are four papers on various historical and economic aspects of cartel enforcement by renowned economists John Connor, Rosa Abrantes-Metz & Patrick Bajari, Margaret Levenstein & Valerie Suslow, and Elisa Mariscal & Carlos Mena-Labarthe.

The next two pieces turn to China. Michael Jacobs & Xinzhu Zhang compare the Chinese approach to IP licensing with U.S. and EU laws.  For our case study, Drs. Ian McEwin & Corinne Chew examine a Chinese Court decision on the Baidu abuse of dominance claim. We end with Dennis Carlton & Sam Peltzman introducing a a reprint of George Stigler's enormously influential A Theory of Oligopoly.

To download the entire issue as a single PDF, see the link at the bottom of this column.

From the Editor
  1. David Evans, Nov 05, 2010

    Letter From the Editor

    We extend our thanks to this excellent set of contributors for an insightful collection of articles. David S. Evans (Editor-in-Chief)

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Colloquium: Who Should Be the Target of Cartel Sanctions?
  1. Douglas Ginsburg, Joshua Wright, Nov 05, 2010

    Antitrust Sanctions

    Corporate executives will not be deterred as long as consumers and shareholders bear the brunt of antitrust penalties. Douglas Ginsburg (U.S. Court of Appeals) & Joshua Wright (George Mason Univ.)

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  2. Joseph Harrington, Nov 05, 2010

    Comment on Antitrust Sanctions

    Cartel activity remains high which means that we should push forward on as many fronts as economists and lawyers can dream up. Joseph Harrington (Johns Hopkins)

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  3. Pieter Kalbfleisch, Nov 05, 2010

    Antitrust Oversight: More an Art than a Craft

    The NMa in recent years has battled violators of the Dutch Competition Act in order to get rid of the Netherlands’ reputation of “cartel paradise.” Pieter Kalbfleish (Netherlands Competition Authority)

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  4. Mariana Tavares de Araujo, Nov 05, 2010

    Improving Deterrence of Hard-Core Cartels

    Holding perpetrators accountable and tailoring the optimal mix of sanctions through a combination of administrative and criminal penalties are two core elements of Brazil’s anti-cartel enforcement. Mariana Tavares de Araujo (SDE, Brazil)

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  5. Donald Klawiter, Nov 05, 2010

    Antitrust Criminal Sanctions: The Evolution of Executive Punishment

    The increased focus on the defendant executive raises a number of problems that will keep company counsel, as well as targeted executives and their independent counsel, awake at night. Donald Klawiter (Sheppard Mullin)

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A Symposium on Cartel Sanctions
  1. John M. Connor, Nov 05, 2010

    Recidivism Revealed: Private International Cartels 1990-2009

    High rates of or rising trends in recidivism is evidence that enforcement of a criminal law is failing. John Connor (Purdue Univ.)

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  2. Rosa Abrantes-Metz, Patrick Bajari, Nov 05, 2010

    Screens for Conspiracies and Their Multiple Applications

    Screens are not only useful to antitrust agencies; they can also be powerful tools for plaintiffs and defendants in antitrust cases. Rosa Abrantes-Metz (LECG) & Patrick Bajari (Univ. of Minnesota)

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  3. Margaret Levenstein, Valerie Suslow, Nov 05, 2010

    Constant Vigilance: Maintaining Cartel Deterrence During the Great Recession

    We need to assure that any implementation of an “inability to pay” policy has specific, objective, and transparent criteria. Margaret Levenstein & Valerie Suslow (Univ. of Michigan)

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  4. Elisa Mariscal, Carlos Mena-Labarthe, Nov 05, 2010

    Leniency Programs in Latin America: “New” Tools for Cartel Enforcement

    We should focus our efforts to increasing our effectiveness in fighting cartels, a historic and generalized anticompetitive behavior that has plagued our economies. Elisa Mariscal & Carlos Mena-Labarthe (Federal Competition Commission of Mexico)

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China: Intellectual Property
  1. Michael Jacobs, Xinzhu Zhang, Nov 05, 2010

    China’s Approach to Compulsory Licensing of Intellectual Property Under Its Anti-Monopoly Law

    Antitrust laws differ in their approaches to compulsory licensing not because they subscribe to different schools of economic thought, but because the different political and cultural beliefs that inform and animate them lead inevitably to different answers. Michael Jacobs (DePaul Univ.) & Xinzhu Zhang (Chinese Academy of Social Sciences).

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Notable Antitrust Cases
  1. R. Ian McEwin, Corinne Chew, Nov 05, 2010

    China—The Baidu Decision

    The challenge for the courts will be in surmounting the limited access to economic expertise in newly developing, high-technology markets where the costs of making wrong decisions can be considerable. Dr. Ian McEwin (Nat'l Univ. of Singapore) & Dr. Corinne Chew (Rajah & Tann)

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The Classics
  1. Sam Peltzman, Dennis Carlton, Nov 05, 2010

    Introduction to Stigler’s Theory of Oligopoly

    Stigler’s theory of oligopoly remains a central pillar in merger policy in most, if not all, antitrust regimes around the world. Dennis Carlton & Sam Peltzman (Univ. of Chicago)

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  2. George Stigler, Nov 05, 2010

    Theory of Oligopoly

    Our modification of this theory consists simply in presenting a systematic account of the factors governing the feasibility of collusion, which like most things in this world is not free. (George Stigler)

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CPI Autumn 2010 eBook
  1. Contact CPI, Nov 09, 2010

    CPI Autumn 2010 eBook

    Download this entire issue as a single PDF to be read on a PC, Mac, IPad, Kindle, or other eBook reader.

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About the CPI Journal

Competition Policy International is a peer-reviewed, academic journal that covers competition law, economics, and policy. Issues are published twice a year in the Spring and Autumn and in both print and online forms (print ISSN 1554-0189; online ISSN 1554-6853).

Past Issues

Archives

Editor-in-Chief
David S. Evans
University of Chicago, Chicago, IL, and
University College London, London, U.K.

Co-Editors
Mark Armstrong
University College London
London, U.K.

Antonio Bavasso
University College London and
Allen & Overy, London, U.K.

Keith N. Hylton
Boston University School of Law
Boston, MA, U.S.A.

R. Ian McEwin
National University of Singapore
Singapore

Susan Ning
King & Wood
Beijing, China

Michael A. Salinger
Boston University School of Management
Boston, MA, U.S.A.

Editorial Board Chairman

Richard Schmalensee
MIT Sloan School of Management
Cambridge, MA, U.S.A.

Editorial Board
Joseph Angland
White & Case
New York, NY, U.S.A.

Christopher Bellamy
Linklaters
London, U.K.

Dennis W. Carlton
University of Chicago
Chicago, IL, U.S.A.

Frank H. Easterbrook
U.S. Court of Appeals for the 7th Circuit
Chicago, IL, U.S.A.

Einer R. Elhauge
Harvard Law School
Cambridge, MA, U.S.A.

John Fingleton
U.K. Office of Fair Trading
London, U.K.

Nicholas J. Forwood
General Court of the European Union
Luxembourg

Douglas H. Ginsburg
U.S. Court of Appeals for the DC Circuit
Washington, DC, U.S.A.

Herbert Hovenkamp
University of Iowa College of Law
Iowa City, IA, U.S.A.

William J. Kolasky
WilmerHale
New York, NY, U.S.A.

Valentine Korah
University College London
London, U.K.

Bruno Lasserre
Autorité de la Concurrence
Paris, France

Mario Monti
Bocconi University
Milan, Italy

Eduardo Pérez-Motta
Federal Competition Commission
Mexico City, Mexico

Timothy J. Muris
George Mason University School of Law
Arlington, VA, U.S.A.

Richard Posner
U.S. Court of Appeals for the 7th Circuit
Chicago, IL, U.S.A.

Patrick Rey
IDEI and University of Toulouse
Toulouse, France

Vivien Rose
Competition Appeal Tribunal
London, U.K.

Bo Vesterdorf
University College London, London, U.K. and
Plesner, Copenhagen, Denmark