This month, the Commission, DOJ, FTC, U.K. authorities, state attorneys general, and the Courts are all taking blows and even Alfonso and Nicolas over at Chillin’ Competition are sparring. The WSJ may think that the DOJ antitrust lawyers are “the least interesting in the world,” but we thought this was an especially exciting month in the competition blogging arena.
Is it illegal to exclude illegal firms? The Court of Justice held that the fact that the undertaking that is being affected by an anticompetitive agreement might be operating illegally on the market is irrelevant. John Wileur (The Antitrust Hotch Potch)
What I really meant (on recourse to commitment decisions) I see a trend pursuant to which commitment decisions are used to address practices that the competition authority regards as likely to have anticompetitive effects…but that it cannot comfortably address under current legal standards. Alfonso Lamadrid (Chillin’ Competition)
Rivals for Attention The implication for antitrust is that at least when it comes to seeking attention we need to focus on the competition for attention rather than the particular products they are using to attract that attention. David S. Evans (Competition Policy International)
Revolving doors Impartial justice must not only be done, it must also be seen to be done (a 3-part debate between Alfonso Lamadrid and Nicolas Petit on whether there’s a pro-Commission bias at the Court.) (Chillin’ Competition)
Killing a good thing The general perception is that a world-class organisation is being dismantled so that when the new body gets going in 15 months time, it will be (to use a football analogy) San Marino rather than Spain that runs out onto the field of play. Max Findlay (Kluwer Competition Law Blog)
Privatization and Antitrust …antitrust law may focus on certain problems and choose to ignore others as unrealistic because of an assumption that firms behave as profit-maximizers-but…this may be a bad assumption when firms are owned (or even heavily regulated) by government. (A 4-part blog on privatization and competition as discussed forthcoming Stanford University Press book on Competition and the Role of the State.) Sasha Volokh (The Volokh Conspiracy)
Strictly Necessary Cookies
Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings.
If you disable this cookie, we will not be able to save your preferences. This means that every time you visit this website you will need to enable or disable cookies again.