DEC-11(1)

In this issue:

For this holiday issue, we’re presenting the CPI Gift Bag—a collection of articles on a variety of themes with something for everyone. To start, Marc Levinson has both written and given us an interview on one of the strangest cases in antitrust history—the A&P case. The parallels to today are striking. Then we present a series of reviews of recent important case decisions—Herb Hovenkamp on Lundbeck and dominance, Tim Brennan on Intel and exclusion, and Laura Atlee on Pfleiderer and leniency. Staying in Europe, Ben Van Rompuy takes a look at what recent EU court cases reveal about possible impacts on competition policy from the Lisbon Treaty, and Andrey Shastitko & Alexander Kurdin analyze the non-intuitive twists resulting from conflict between new antitrust and intellectual property laws in Russia. Paul Godek then chooses between two conflicting approaches in estimating damages. Happy holidays everyone!

CPI Gift Bag

Marc Levinson, Dec 13, 2011

Monopoly in Chains: Antitrust and the Great A&P

The allegations that led to those convictions make strange reading today, for they contain almost nothing by way of economic analysis. Marc Levinson (Article & Interview)

Herbert Hovenkamp, Dec 13, 2011

Mergers with Dominant Firms: The Lundbeck Case

The court did not appreciate the difference between price setting in differentiated and undifferentiated markets. Herbert Hovenkamp (Univ. of Iowa)

Timothy Brennan, Dec 13, 2011

Getting Exclusion Cases Right: Intel and Beyond

The continuing fire over how to assess the competitive effects of single-firm conduct received yet more gasoline in the wake of the U.S. Federal Trade Commission’s settlement of its antitrust case against Intel. Timothy Brennan (University of Maryland, Baltimore County)

Laura Atlee, Dec 13, 2011

Unforeseen Risks of Disclosure in Leniency Programs

The leniency applicants submissions will be made public”unless they are not. Laura Atlee (Steptoe & Johnson)

Ben Van Rompuy, Dec 13, 2011

The Impact of the Lisbon Treaty on EU Competition Law: A Review of Recent Case Law of the EU Courts

Since the Lisbon Treaty came into force on December 1, 2009, there has been no Treaty provision proclaiming adherence to the principle of undistorted competition. Ben Van Rompuy (Georgetown Univ. Law Center)

Alexander Kurdin, Andrey Shastitko, Dec 13, 2011

Intellectual Property Rights Protection Versus Antitrust: Tug of War?

We consider the relationship between antitrust policy and intellectual property protection under the condition of poorly enforced intellectual property rights protection. Andrey Shastitko & Alexander Kurdin (Moscow Lomonossov State Univ.)

Paul Godek, Dec 13, 2011

Time-Series Models for Estimating Economic Damages in Antitrust (and Other) Litigation: The Relative Merits of Predictive versus Dummy-Variable Approaches

Those who would ignore relevant data should have to justify the reason for doing so. Paul Godek (Securities Litigation & Consulting Group)

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