In this issue:
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Ten to Date
Price Squeeze Claims Succumb to Need for “Clear Rules”
The linkLine decision eliminates all price squeeze antitrust claims against defendants that have no antitrust duty to deal with competitors and reinforces several trends in recent Supreme Court decisions in the antitrust area.
Exceptional Approval of Major Mergers: London and Brussels Compared
This note records a short, urgent, highly-publicised attempt by a group of concerned citizens, the Merger Action Group (“MAG”), to challenge a rare governmental decision not to expose a government-favoured merger to the scrutiny of the otherwise applicable competition rules.
Selective Distribution of Branded and Luxury Products and the Conjuncture of Online and Offline Commerce in the Light of the European Commission’s Revision of the Vertical Restraints Regime
We shed light on the antitrust law issues regarding selective distribution and online commerce as well as on the ongoing policy debate in this respect.
A Comment on the Intel Fine
One point I think is worth noting is that there is a process for evaluating questions of evidence and interpretation in the Intel case in the EU that appears to be quite different from that in the United States.
Sports Leagues and the Rule of Reason: How to Assess Internal Venture Restraints
The question, then, is whether there is an alternative analytical framework the Court could adopt that could cut short or streamline these wasteful litigations but without a finding that sports leagues are a single entity?
The European Commission Formulates its Enforcement Priorities as Regards Exclusionary Conduct by Dominant Undertakings
The review resulted in the Commission adopting, on December 3, 2008, guidance on its enforcement priorities in applying Article 82 to abusive exclusionary conduct by dominant undertakings.
Access v. Efficiency: Reflections on the Consequences of Twombly and Iqbal
Although Twombly and Iqbal have provided new fuel for a long simmering fire, the current controversy is merely the most recent manifestation of a decades-old ideological debate over what is the higher litigation value: access to the federal courts or efficiency and economy in disposing of claims.
Is the Supreme Court Importing Antitrust Economics into Patent Law? A Different Look at eBay, MedImmune, KSR, and Quanta Computer
Is the Supreme Court’s economics-intensive and generalist antitrust jurisprudence beginning to affect its view of patent law? It appears that the answer is yes.
Doom or Gloom? The Experience of China’s Antitrust Law in the First 200 Days
This article is an examination of the major antitrust development in the first 200 days of China’s AML and what foreign business can learn from this early experience.
