We certainly experienced interesting times in 2012. Before the year fades away in the anticipation of even more excitement to come (already we have William Baer at DOJ, Josh Wright at FTC, and Google settled), we once again present a dozen of our most read articles of 2012, chosen not only for their popularity but also for their variety. And we certainly want to take this opportunity to thank everyone that participated in the CPI community this year – from our editorial board, to our authors, and, most especially, our subscribers. May you all have a Prosperous and Joyous New Year!
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A Dozen of Our Best
A Practitioner’s Look at Merger Control Remedies in China
The remedies imposed in China are sometimes quite creative and do not always seem burdensome for the parties. Franois Renard (Allen & Overy)
Minority Shareholdings And Interlocking Directorships: The European Union Approach
The limited frequency and the potentially limited impact of the possible anticompetitive effects of these transactions in the real world warrants a cautious approach. Francisco Enrique González-DÃaz (Cleary Gottlieb)
Are Rights Finally Becoming Fundamental?
The EU’s forthcoming direct accession to the ECHR gives the ECtHR and the EU courts the perfect opportunity to find that competition law proceedings must fully respect the fair trial rights and presumption of innocence. Kristina Nordlander & Patrick Harrison (Sidley Austin)
Does Compliance Really Matter to DG Comp?
DG Comp says Compliance Matters but, regrettably, not to DG Comp. Joe Murphy (CCEP)
Joint Venture Subsidiary What s the Difference for Cartel Liability and Fines?
Having been so successful with wholly-owned subsidiaries, the Commission has recently decided to try its luck with joint ventures. Laura Atlee (Steptoe & Johnson)
Reasons to Reject a No Injunctions Rule for SEPs and FRAND-Obligated Patents
This no-injunction idea appears to spring from a serious misunderstanding of the nature of FRAND obligations. Hill Wellford (Bingham McCutchen)
Islam, Islamic Countries, and Competition Law: From Past Glory to Modern Day Challenges
In light of the huge scope that exists for enriching the global debate on the fundamentals of competition law, the cultural and socio-economic and socio-political experience of Islamic countries can be interesting to discuss within this global debate. Maher Dabbah (Queen Mary, Univ. of London)
Siri: What is Antitrust?
The model Apple sought to apply in the eBook industry is the same iTunes model it has applied elsewhere without challenge under the antitrust laws. Anant Raut (Pepper Hamilton LLP)
The Changing Health Care Sector: Tough New Challenges for Antitrust Enforcers
Changes in the health care sector will require antitrust enforcers and health care regulators to apply more sophisticated approaches to ensure that our reliance on competitive health care markets is well-placed. Robert F. Leibenluft (Hogan Lovells)
Innovation is King. Or is it?
The precise significance of innovation in EU competition law has remained, at best, opaque. Paul Lugard & David Cardwell (Baker Botts)
Hungarian Competition Law & Policy: The Watermelon Omen
If we look at recent developments from a wider perspective, we can see some radical changes in the attitudes of the Hungarian legislature and the society. P¡l Szil¡gyi (Pter Pizmány Catholic University )
The LIBOR Scandal and Lessons for Antitrust Compliance Programs
As eye-opening as the LIBOR scandal was for the general public, it was old news for the banking industry, which had been expecting the hammer to eventually drop. David Flower (Grant Thornton)
