Blog o’ Blogs March 2015

March 2015, Volume 5, Number 3
Lots of opinions this month—on FTC process, dentistry, neutrality, Section 5—and updates on recent happenings in Europe, Latin America, and Africa.
FTC Gives Ground on Merger Challenges
When agency fails to win federal injunction, in-house trial proceedings won’t be automatic.
Brent Kendall (Wall Street Journal)
Changes to Commission Rule 3.26 re: Part 3 Proceedings following federal court denial of a preliminary injunction
Sometimes new rules are good; sometimes old ones work fine.
Debbie Feinstein (FTC)
North Carolina Dentists is in the Hizzouse, Y’all! Woot Woot!
For those of us passionate dorks who follow immunities issues closely, North Carolina State Board is a candy store.
Christopher Sagers (AntitrustConnect Blog)
Victory against Big Dentistry! The antitrust story
So, for those who are skeptical of antitrust law, this is a positive use of antitrust law.
Sasha Volokh (Washington Post)
Can competition fix net non-neutrality?

I think we can have our cake and eat it too and net neutrality regulation is a good place to start.

Joshua Gans (Digitopoly)

A few words about Section 5
I want to underscore that the Commission’s policy is not to seek disgorgement in stand-alone Section 5 cases.
Debbie Feinstein (FTC
Commissioner Wright Rightly Calls the Question on Section 5 Guidance
As Commissioner Wright has observed, any one of these sets of guidelines would be superior to the status quo.
Thom Lambert (Truth on the Market)
European Commission dawn raids—Advocate General recommends the avoidance of “fishing expeditions”
The European Commission’s dawn raids powers are “so extensive, the discretion so ample, and the decision-making subject to so few (judicial or administrative) prior controls.”
Peter Citron (Kluwer Competition Law Blog)
Post Danmark II: setting a legal test for rebates where there is none (I)
The criteria identified in the case law to determine whether a given rebate scheme is ‘loyalty-inducing’ do not provide the basis for an operational legal test that can be readily applied by national courts and authorities.
Pablo Ibanez Colomo (Chillin’Competition)
The European Damages Directive fails to deliver, but can it be fixed?
The Damages Directive seeks to safeguard public enforcement from private follow-on actions.
Sebastian Peyer (Competition Policy Blog)
Regulating TV markets to protect BT? Not again, Ofcom. Please
An analysis of the regulatory landscape indeed shows that the incumbent telecommunications operator benefits disproportionately from the multiple distortions progressively introduced by Ofcom and the European Commission.
Pablo Ibanez Colomo (Chillin’Competition)
Who bemoans competition laws in Latin America?
Sometimes the opposition did not cease after the passing of the competition law. Instead, the resistance migrated towards a new strategy: advocating against the law’s enforcement. 
Juan David Gutiérrez-Rodríguez (Competition Academia)
Meet the Enforcers: Companies Tribunal’s Prof. Kasturi Moodaliyar
A significant difference does appear to be the elevated status of public interest issues in merger proceedings.
Andreas Stargard (African Antitrust and Competition Law)
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