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December 2013 Blog o’ Blogs

 |  December 11, 2013

 

 

December 2013, Volume 3, Number 12

 

 

 

The FTC opens gift-giving season with a new competition blog. We include 3 more FTC articles while also analyzing actions by other courts and authorities, including the Court of Appeals, the Canadian Supreme Court, the CNMC, and the NDRC. We also take a quick look at Libor, restriction by object, and private damages, and end with a brief description of how to manage an alligator’s diet. 

 

 

 

Welcome to Competition Matters

So if you’re a bit wonky about antitrust, or just want to better understand the FTC’s competition work, read along–you’re among friends.

Debbie Feinstein (FTC)

 

 

 

The Unintended Consequences of the Case Law on Restrictions by Object

The bottom line: such infringements are so morally sinful that they should be prosecuted just for the sake of it. Regardless of their impact. Regardless of their motives. Full stop.

Nicolas Petit (Chillin’ Competition)

 

 

 

Qualcomm Investigated Under Antitrust Law

Chinese state media outlets reported that the reform commission would center its antitrust investigations on six industries — aviation, chemical, automobile, household appliances, medical and telecommunications — and step up its fight against pricing monopolies.

Adam Century (Sinosphere, NY Times)

 

 

 

Treading Carefully, FTC Delays Ruling in Pipe Fitting Case

“With this kind of record and an unbeaten streak that Perry Mason would envy, a company might wonder whether it is worth putting up a defense at all in a system in which the FTC brings a complaint,

Jenna Greene (BLT: The Blog of Legal Times)

 

 

 

Europeans Evolving Toward More Plaintiff-Friendly Private Damages Action Rules

While the legislative proposals would bring European private antitrust damages actions a few steps closer to the American model, they would not make the full leap. 

James Ashe-Taylor & Julia Schaefer (Antitrust Today)

 

 

 

How the FTC’s Hertz Antitrust Fix Went Flat

“It’s like taking a two-year-old and saying ‘OK, now you’ve got to go to kindergarten and play Little League,’” 

Brent Kendall & Jacqueline Palank (Wall Street Journal)

 

 

 

TalkTalk v Ofcom – the Court of Appeal stresses that market definition is a tool not an end

Market definition is a tool in competition analysis, but a black letter analysis must be avoided wherever possible.

James Segan (Competition Bulletin)

 

 

 

 

Is the FTC Picking on the Pharmaceutical Industry Through New HSR Rules?

It is not clear why the PNO chose to focus this rule solely on the pharmaceutical industry.

Steven Cernak (AntitrustConnect Blog)

 

 

 

Libor Bank Fines Reflect Rewards of Cooperating

Their lenient treatment highlights the risks in delaying settlements, and the potentially extreme penalties when wrongdoing is categorized as anticompetitive.

Dominic Elliott & George Hay (DealB%k)

 

 

 

Professor Daniel Sokol Talks Antitrust, FRAND, and Florida Alligators

Unlike the James Bond movie To Live and Let Die, our alligators actually prefer fried chicken to raw chicken.

Editor (TechPolicy)

 

 

 

Television Rights, Matches – pun intended – and Bad Competition Law

By ruling out any flexibility, a rigid interpretation of Article 101(1) TFEU can very well have the perverse effect of protecting the incumbent.

Pablo Ibañez Colomo (Chillin’ Competition)

 

 

 

The Supreme Court of Canada: A Computer is Not a Cupboard

Vu is the first Supreme Court decision to clearly recognize the difference between traditional storage spaces and computers and other devices storing electronic information. 

Mark Katz (Kluwer Competition Law Blog)