In this issue:
Welcome to the home page of The CPI Antitrust Chronicle (formerly GCP Magazine). We introduce our new name and our new website by looking back. We’re presenting twelve articles that remind us of the critical issues that competition policy faced in 2009—and we’ll likely continue to face in 2010.
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Twelve Antitrust Stories from 2009
Are Price Squeezes Anticompetitive?
Much more controversial is whether such conduct [price squeezes” should be subject to scrutiny under the antitrust laws.
A Hard Landing in the Soft Drink Market – MOFCOM´s Veto of the Coca-Cola & Huiyuan Deal
We will examine several interesting aspects of MOFCOM’s decision o block the proposed takeover by The Coca-Cola Company (Coca-Cola) of China Huiyuan Juice Group Limited (Huiyuan).
The New Consensus on Class Certification: What it Means for the Use of Economic and Statistical Evidence in Meeting the Requirements of Rule 23
This note summarizes the consensus that is emerging and describes the sorts of analyses that will prove critical in seeking or opposing the certification of a particular class.
Section 1 Challenges to the Properties Arms of Sports Leagues: The Single-Entity Defense, Market Definition, and the Rule of Reason from Dallas Cowboys to American Needle and Beyond
This article discusses Section 1 challenges to the centralized exclusive licensing of league and franchise intellectual property, tests for identifying a single entity, and the rule of reason analysis of MLB Properties in Salvino.
Single Firm Competition Policy Convergence In A Global Environment
As I will explain, work on SFC by leading scholars and agencies world-wide has greatly enhanced understanding of SFC practices in recent years
Twombly, After Two Years: The Procedural Revolution in Antitrust That Wasn’t
Without question, Bell Atlantic v. Twombly ranks as one of the most controversial decisions of the United States Supreme Court in recent years.
Some Thoughts on Article 82 Jurisprudence”If the Government Always Wins, Should Private Litigants Win As Well?
Is the EU moving towards or far away from a European solution to private antitrust litigation?
Final Descent? The Future of Antitrust Immunity in International Aviation
The A++ agreement not only elevated the serious disagreements between DOJ and DOT on whether, and in what circumstances, air carriers should be immune from the antitrust laws, but it saw the rise of significant Congressional opposition to the mere concept of antitrust immunity.
Antitrust and Intellectual Property: Recent Developments in the Pharmaceuticals Sector
The practical effect of the agencies’ stated commitment to heightened enforcement in the pharmaceutical sector, therefore, may be limited by their ability to articulate theories of anticompetitive harm that the federal courts deem viable.
From Collective Dominance to Coordinated Effects in EU Competition Policy
Is an oligopoly in a collective dominant position? The decision in the Airtours/ First Choice case vastly extended the boundaries of the situations under which the Commission found this may be the case.
Parental Liability for Cartel Infringements
The imputation of liability to parent companies is an important means of ensuring that the economic forces behind cartel infringements are properly held accountable for their actions (and omissions).
EU Cartel Fining Laws and Policies in Urgent Need of Reform
As long as milk and honey are flowing in the form of huge corporate cartel fines, the EU enforcement cadres, it seems, remain happy with the status quo.
