Blog o’ Blogs October 2015

October 2015, Volume 5, Number 10
Both Europe and the U.S. get equal time this month with several interesting case decisions that cast broad ripples in competition waters. Plus DG Comp wanting the right to seize personal phones (U.S. readers will immediately think of Tom Brady and the NFL), the VW scandal, a plea for convergence, and more.
No slam dunk in Ninth Circuit antitrust ruling in O’Bannon v. NCAA
The court below took an excessively broad view of its authority under the Sherman Act to invalidate a restraint based on the possibility that a less restrictive approach could be taken.
Sasha Volokh (Washington Post)
The General Court on the scope of the Commission’s powers to request information

The lines of what’s reasonable are of course blurry, and the Court’s approach is—rightly or wrongly—deferential to the Commission and to the need of safeguarding the effectiveness of its investigations, particularly at an early stage. 

Alfonso Lamadrid (Chillin’Competition)

Rethinking Rebates Policy Under EU Competition Law
The most clear inference that can be drawn is that economic analysis of the impact of the behaviour of dominant undertakings in markets where competition is already severely limited is scarcely relevant.
David Wood & Peter Alexiadis (Kluwer Competition Law Blog)
The Case Against Antitrust Challenges to Standard Essential Patent “Abuses” Intensifies—Will DOJ and FTC Finally Get the Message?
In short, DOJ, like FTC, is advancing an ar


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