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 entire harm suffered from competition law infringements is to be claimed, then the calculation of damage should not be just a quantification of price effects, but also needs to quantify harm deriving from quantity effects. Frank Maier-Rigaud (NERA) & Ulrich Schwalbe (University of Hohenheim)

Gordon Schnell, Nov 27, 2013

Bring in the Whistleblowers and Pay Them The Next Logical Step in Advancing Antitrust Enforcement

Mere protection from retaliation just isn’t going to cut it – nor is an enforcement policy that continues to depend so heavily on the cooperation and conscience of the guilty parties. Gordon Schnell (Constantine Cannon)

Svetlana Golovanova, Andrey Shastitko, Nov 27, 2013

Competition Issues Regarding Procurement for Large Companies and Suppliers The Gazprom Case

This article demonstrates that even established and verified facts of agreements among producers are not sufficient conditions for either cartel identification and, as a consequence, prosecution of agreement participants. A.E. Shastitko (M.V. Lomonosov Moscow State University) & S.V. Golovanova (National Research University, Nizhny Novgorod)

Lia Vitzilaiou, Nov 27, 2013

Abusing Salty Snacks: A Bad Habit With Anticompetitive Effects

“They need to understand who the market leaders are and unfortunately for them we will not stop at this…”Lia Vitzilaiou (Lambadarios Law Firm)


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