Blog o’ Blogs July 2015

Lindsay McSweeney
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July 2015, Volume 5, Number 7
It’s a stern issue this month, with discipline, monitors, and restrictions at the forefront, along with some questions about whether history should trump antitrust logic. We recommend enjoying this with a cool drink and a relaxed attitude.  
Monitors: Expert eyes and ears in Commission orders
Monitors also can spot and address potential compliance concerns as they arise, which can happen in an order with a complex remedy.
Susan Huber (U.S. FTC)
They Said What? Some Compliance Thoughts on the Airline Collusion Investigation
The word “disciple” preceded by pricing and or capacity is a loaded word in the antitrust world.
Robert Connolly (Cartel Capers)
Hospitals, Antitrust, the Department of Justice, and Agreements to Not Compete on Marketing

And if you represent a hospital or some other health-care entity, you should be particularly careful because you likely have a target on your back.

Jarod Bona (The Antitrust Attorney Blog)
Are the European Competition Authorities making a less anticompetitive market more anticompetitive? The Booking.com saga
There are at least seven national competition authorities in the EU alone which have recently dealt with or are currently dealing with most-favoured-customer clauses.
Pinar Akman (Competition Policy Blog)
The Second Circuit Misapplies the Per Se Rule in U.S. v. Apple

As the dissent stresses, removal of barriers to entry that shield a monopolist, as in this case, is in line with the procompetitive goals of antitrust law.

Alden Abbott (Truth on the Market)
On Precedent in competition cases, and on the US Supreme Court
It also confirms that antitrust is a discipline in permanent evolution, which is why many of us enjoy it (and even write blogs about it).
Alfonso Lamadrid (Chillin’Competition)
Sharing user search data
This puts Microsoft in the awkward position of arguing before regulators that Bing is worse while Google argues that Bing is just as good.
Joshua Gans (Digitopoly)
Supreme Court Cites Spiderman In Ruling Against Post-Expiration Patent Royalties
The majority held that, assuming that the antitrust economics criticisms of Brulotte are correct, it would be up to Congress to revise the law in order to change this long-standing interpretation of the Patent Act.
Robert Schwartz (Antitrust Today)
Should Uber be Allowed in Compete in Europe? And if so, How?
The restrictions that have been placed on Uber’s activities are undesirable as they deprive users of an attractive and innovative alternative to regular taxi services.
Damien Geradin (CPI Europe Column)
Settling cartel damages actions: contribution defendants beware

The problem arises because of the rules on limitation.

Tristan Jones (Competition Bulletin)
The Good, Bad, and the Ugly of the EU’s Proposed Data Protection Regulation
But key players in the EU recognize that the tech money—along with the services and ongoing innovation that benefit EU citizens—is really on the other side of the river.
Ben Sperry (Truth on the Market)
The Roberts Court, Enforcement Agencies and “The Limits of Antitrust”
The authors claim that all but one of the antitrust opinions rendered by the Court since Chief Justice Roberts joined in 2005 can be explained by the Court following Easterbrook’s advice.
Steven Cernak (AntitrustConnect Blog)
The not-so-big news about Big Data
On the competition side, the decisions firms make about consumer privacy can lead to a form of non-price competition, and the FTC has explicitly recognized that privacy can be a non-price dimension of competition.
Debbie Feinstein (U.S. FTC)
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