NOV-13(2)

We’re observing the start of the holiday season with a cornucopia of controversial antitrust topics including FTC Commissioner Josh Wright’s response to our September colloquium on unfair methods of competition authority under Section 5, CRA culpability, confidentiality exceptions in disclosure, accurate damages calculation, compensating whistleblowers, the Gazprom case, and snack food dominance carried too far. Have a Happy Thanksgiving everyone!

A Cornucopia of Antitrust Controversies

Joshua Wright, Nov 27, 2013

Recalibrating Section 5: A Response to the CPI Symposium

The absence of UMC guidelines can be counterproductive to the FTC’s competition mission, raising issues of fundamental fairness and potentially deterring consumer welfare-enhancing conduct. Joshua Wright (FTC)

Rosa Abrantes-Metz, Nov 27, 2013

Is There Misdiagnosis and Mistreatment in the Market for Credit Ratings?

Having more CRAs in a market characterized by monopsony power will likely only worsen the problem. Rosa Abrantes-Metz (Global Economics Group)

Roy Hoffinger, Nov 27, 2013

Ending the Confidentiality Exception to Due Process

Unfortunately, the opportunity to be heard in some jurisdictions, at least in investigations or proceedings involving unilateral conduct, is not meaningful in time or manner. Roy Hoffinger (Qualcomm)

Frank Maier-Rigaud, Ulrich Schwalbe, Nov 27, 2013

Private Enforcement Under EU law: Abuse of Dominance and the Quantification of Lucrum Cessans

If the

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