CPI 5(2)

Autumn 2009, Volume 5 Number 2

In this issue:

This Autumn 2009 issue marks several anniversaries; it is the tenth volume of CPI, the end of our fifth year, and the last issue we will publish in the first decade of the 21st century.

From the Editor
  1. David Evans, Nov 01, 2009

    From the Editor: CPI Autumn 2009

    This Autumn 2009 issue marks several anniversaries; it is the tenth volume of CPI, the end of our fifth year, and the last issue we will publish in the first decade of the 21st century.

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    A Symposium on Antitrust and the Global Economic Crisis
    1. Philip Lowe, Nov 01, 2009

      Competition Policy and the Economic Crisis

      Competition policy is one of the tools we need to deploy to help maintain the integrity of the EU single market and to help our economies out of the crisis,

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    2. Bruce Lyons, Nov 01, 2009

      Competition Policy, Bailouts, and the Economic Crisis

      Why do all the rules of good competition policy appear to fly out of the window when the banks get into trouble?

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    3. John Kwoka, Nov 01, 2009

      The U.S. Auto Industry Under Duress: Fit, or Finished?

      A great debate has emerged over the causes of the auto industry’s collapse, the rationale for government intervention, and the effects of competition between government owned and private auto companies.

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    4. Lorenzo Coppi, Jenny Haydock, Nov 01, 2009

      The Approach to State Aid in the Restructuring of the Financial Sector

      In the context of the current economic crisis, this paper discusses the appropriate framework for analyzing aid to the financial sector given under Article 87(3)(b).

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    5. Ken Heyer, Sheldon Kimmel, Nov 01, 2009

      Merger Review of Firms in Financial Distress

      While it can be hard to evaluate a failing firm defense under the Merger Guidelines, the principles underlying the test are generally sound, even when the overall economy is going through very difficult times.

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    A Colloquy on Reverse Payments
    1. William Rooney, Elai Katz, Nov 01, 2009

      Review of Reverse-Payment Agreements: The Agencies, the Courts, Congress, and the European Commission

      An overview of the treatment of reverse-payment agreements by the agencies, the appellate courts, Congress, and the European Commission.

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    2. Michael Kades, Nov 01, 2009

      Whistling Past the Graveyard: The Problem with the Per Se Legality Treatment of Pay-For-Delay Settlements

      By adopting an approach without regard to its implications or erroneously suggesting that pay for delay settlements are an ineffective way to delay competition, courts are essentially whistling past the graveyard.

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    3. Anne Layne-Farrar, Nov 01, 2009

      Reversing the Trend? The Possibility that Rule Changes May Lead to Fewer Reverse Payments in Pharma Settlements

      In tackling reverse payments, should a different policy tact might be called for; one that shifts emphasis from determining whether or not reverse payments should be <em>per se</em> illegal to working with the incentives that firms already face.

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    4. Marc van der Waude, Marc van der Waude, Nov 01, 2009

      Patent Settlements and Reverse Payments Under EU Law

      The purpose of this contribution is to explore the status types that settlements and reverse payments could have under Article 81 EC.

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      Group Commentary on Tying, Bundled Discounts, and the Death of the Single Monopoly Profit Theory by Einer Elhauge
      1. Harry First, Nov 01, 2009

        No Single Monopoly Profit, No Single Policy Prescription?

        I offer some comments on Professor Elhauge’s approach to tying and the importance of the one monopoly profit theory.

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      2. Daniel Crane, Joshua Wright, Nov 01, 2009

        Can Bundled Discounting Increase Consumer Prices Without Excluding Rivals?

        Since we abhor suspense, we will quickly answer the question our title poses: No. As a general matter, bundled discounting schemes lower prices to consumers unless they are predatory

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      3. Barry Nalebuff, Nov 01, 2009

        Price Discrimination and Welfare

        I will focus my attention on one aspect of Einer Elhauge's presentation, namely the effect of price discrimination via metering and tying on consumer welfare and total welfare

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      4. Paul Seabright, Paul Seabright, Nov 11, 2009

        The Undead? A Comment on Professor Elhauge's Paper

        Professor Elhauge’s arguments are used to motivate a vision of the priorities for antitrust enforcement that may be seriously misguided if his optimism is unfounded.

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        Notable Antitrust Cases
        1. Thomas Kauper, Thomas Kauper, Nov 01, 2009

          The AT&T Case: A Personal View

          From the outset the AT&T case presented a host of institutional, regulatory, procedural, and substantive issues that continue to plague antitrust enforcement agencies, courts, and economic policy makers both here and abroad.

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          The Classics
          1. Hill Wellford, Nov 01, 2009

            Introduction to Harberger's Monopoly and Resource Allocation--The Pioneering Article on Deadweight Loss and Empirical Measurement of the Social Costs of Monopoly

            Harberger’s 1954 article broke with the then-current economic orthodoxy and set monopoly research on a path that would lead to a strong shift toward empiricism and the development of a more cautious approach for antitrust enforcement.

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          2. Arnold Harberger, Arnold Harberger, Nov 01, 2009

            Monopoly and Resource Allocation

            This classic 1954 article broke with the then-current economic orthodoxy and set monopoly research on a path that would lead to a strong shift toward empiricism and the development of a more cautious approach for antitrust enforcement.

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

             

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

             

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

             

            Mark Williams
            Hong Kong Polytechnic University
            Hong Kong, China

             

            Xinzhu Zhang
            Research Ctr for Reg. & Competition, Chinese Academy of Social Sciences
            Beijing, China

             

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

             

            Editorial Board
            Christian Ahlborn
            Linklaters
            London, U.K.

             

            Kelyn Bacon
            Brick Court Chambers
            London, U.K.

             

            Rachel Brandenburger
            Freshfields Bruckhaus Deringer
            Brussels, Belgium

             

            Wayne Dale Collins
            Shearman & Sterling
            New York, NY, U.S.A.

             

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

             

            Richard Epstein
            University of Chicago Law School
            Chicago, IL, U.S.A.

             

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

             

            Luke M. Froeb
            Vanderbilt Owen Graduate School of Management
            Nashville, TN, U.S.A.

             

            Rafael Garcia-Valdecasas
            Madrid, Spain

             

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

             

            Francis Jacobs
            King's College London
            London, U.K.

             

            Valentine Korah
            University College London
            London, U.K.

             

            Janet McDavid
            Hogan & Hartson
            Washington, DC, U.S.A.

             

            Mario Monti
            Bocconi University
            Milan, Italy

             

            Massimo Motta
            European University Institute
            Firenze, Italy

             

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

             

            A. Jorge Padilla
            LECG
            Brussels, Belgium

             

            Anne Perrot
            Conseil de la Concurrence
            Paris, France

             

            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

             

            William Rooney
            Willkie Farr & Gallagher
            New York, NY, U.S.A.

             

            John Temple Lang
            Cleary Gottlieb Steen & Hamilton
            Brussels, Belgium

             

            Akinori Uesugi
            Freshfields Bruckhaus Deringer
            Tokyo, Japan

             

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