MAY-12(1)

Spring 2012, Volume 5 Number 1

In this issue:

The U.K. competition authority structure is undergoing remodeling and we have several experts weighing in to take questions: How is the new organization going to react with other U.K. authorities? How best to integrate two different approaches to decision making? Should merger notification still be voluntary? What are the appropriate safeguards to ensure impartial decisions? What does the removal of "dishonesty" from the cartel offense mean? Both already established and newly developing competition regimes should be able to learn a lot from the U.K. process. And since we like to track of the ongoing saga of the antitrust world v. Google, we present a comparison with the historical Microsoft case. Enjoy!

Restructuring a Competition Authority: The U.K. Challenge
  1. Bruce Lyons, May 14, 2012

    Will the New U.K. Competition and Markets Authority Make Better Antitrust Decisions?

    To understand the potential effectiveness of the CMA, we need to understand the organizations that are being merged. The CC and OFT are very different animals. Bruce Lyons (CCP, Univ. of East Anglia)

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  2. Despoina Mantzari, Valentine Korah, May 14, 2012

    It Takes One to Tango: The Single U.K. Competition And Markets Authority

    What, however, has been less emphasized in the discussions surrounding the reform is the role of the CAT in this new institutional setting. Despoina Mantzari & Valentine Korah (UCL)

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  3. Renato Nazzini, May 14, 2012

    Functional Separation in the U.K. Competition Regime

    The vocal “due process” arguments raised from all quarters have thus been accommodated by imposing some form of functional separation within the CMA but without mandating its form. Renato Nazzini (Univ. of Southampton)

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  4. Ruchit Patel, May 14, 2012

    The Removal of Dishonesty from the Cartel Offence and the Publication Defence: A Panacea?

    While little may have changed for businesses, the Government’s reforms could have more significant repercussions for individuals. Ruchit Patel (Cleary Gottlieb)

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  5. Paula Riedel, Anna Mitchell, May 14, 2012

    The Competition and Markets Authority: A New Era for U.K. Competition Law Enforcement?

    While the original impetus may have been one of cost cutting and the creation of efficiencies, the merger may in reality be seen by many as more of a philosophical change. Paula Riedel & Anna Mitchell (Linklaters)

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An Additional Word on Google
  1. Stephen Houck, May 14, 2012

    The Microsoft Case and Google

    However the market is defined, it is highly unlikely that a court applying the analytical framework utilized in Microsoft will find that Google possesses durable monopoly power. Stephen D. Houck (Menaker & Herrmann)

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About the Antitrust Chronicle

The CPI Antitrust Chronicle is published online, semi-monthly. It contains cutting-edge commentary on current global antitrust and competition policy issues.

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President: Elisa Mariscal

Managing Editor: Lauren Chiang

Senior Editor: Lindsay W. McSweeney

Social Media: Anna Tzanaki

Subscription Manager: Susan Roberts

Office Manager: Kristen Adrian

Editorial Advisory Board:

Rosa Abrantes-Metz, Global Econ. Group, Stern School of Bus. at NYU

Kent Bernard, Fordham School of Law

Rachel Brandenburger, Washington D.C.

Adrian Emch, Hogan Lovells

Kyriakos Fountoukakos, Herbert Smith

Jay Himes, Labaton Sucharow

James Killick, White & Case

Stephen Kinsella, Sidley Austin

Ioannis Lianos, University College London

Elisa Mariscal, Federal Competition Commission, Mexico

Robert O'Donoghue, Brick Court Chambers

Aaron Panner, Kellogg, Huber, Hansen

Nicolas Petit, University of Lìege

Daniel Sokol, University of Florida Levin School of Law

Joshua Wright, George Mason Law School