SEP-12(1)

Autumn 2012, Volume 9 Number 1

In this issue:

Canada has the oldest antitrust authority in the world and they always seem to be pacesetters in competition policy. Our Canadian collection, organized by Mark Katz, highlights recent activities/controversies that are sure to spill over to the rest of the world. Our second collection includes three articles that follow-up on previous reports, including the question of whether keyword advertising truly harms the consumer, the Italian authority being reversed on the Pfizer case, and the FTC's report on K-Dur that encourages complaints regardless of the likelihood of winning.

Canada Update
  1. Kevin Ackhurst, Sep 13, 2012

    Competition Law Guidance Under Commissioner Aitken: A Survey

    During her tenure, the Commissioner introduced a number of new or updated policy documents to offer guidance to consumers, businesses, and their advisors. Kevin Ackhurst (Norton Rose)

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  2. John Campion, Antonio Di Domenico, Sep 13, 2012

    The Constitutionality of Administrative Monetary Penalties Under the Competition Act: Is Rowan a Full Answer?

    Some AMPs are so large that they arguably amount to penal sanctions. John A. Campion & Antonio Di Domenico (Fasken Martineau)

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  3. Richard Elliott, Sep 13, 2012

    Canadian Competition Tribunal Orders Divestiture in Waste Merger: Some Lessons Learned

    The Commissioner's application raised a number of legal issues, including the threshold and analysis for establishing that a merger has prevented future competition...Richard Elliott (Davies Ward)

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  4. Mark Katz, Erika Douglas, Sep 13, 2012

    The Canadian “Sir” Process: A Progress Report

    There has now been sufficient experience with Canada's new SIR process to offer a few conclusions about the efficacy of its operation. Mark Katz & Erika Douglas (Davies Ward)

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  5. Graham Reynolds, Sep 13, 2012

    A Short Note on Plea Agreements in Canadian Antitrust Cases

    Plea practices in Canada are relatively straightforward but have important implications for both crown and defense. Graham Reynolds, Q.C. (Osler)

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Of Special Interest
  1. David Evans, Elisa Mariscal, Sep 13, 2012

    The Role of Keyword Advertising in Competition Among Rival Brands

    Courts and regulators should recognize the very important contribution that informative comparative advertising makes to competition. David S. Evans (Univ. of Chicago) & Elisa Mariscal (CIDE & ITAM)

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  2. Stefano Grassani, Sep 13, 2012

    "From Astra-Zeneca to Pfizer" Stage II: The Italian Administrative Court Reverses the Monopolization Claim Established by the Autorità Garante della Concorrenza e del Mercato

    The judgment of the Administrative Court looks extremely interesting and potentially (r)evolutionary...Stefano Grassani (Pavia e Ansaldo)

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  3. Kelly Smith, Jonathan Gleklen, Sep 13, 2012

    Generic Drugmakers Will Challenge Patents Even When They Have a 97% Chance of Losing: The FTC Report that K-Dur Ignored

    Courts should at least think a while before imposing rules that could limit the ability of parties to weed out those cases by settlement. Kelly Smith & Jonathan Gleklen (Arnold & Porter)

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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 & Editor-in-Chief: Elisa Mariscal

Director & Managing Editor: Sacha Huber

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

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