In this issue:
The subject of merger remedies dramatically demonstrates the increasing complexity of antitrust regulation. In this issue, organized by Danny Sokol, we look at problems with conditions imposed on proposed mergers, including (i) dealing with ever-changing high-tech markets, (ii) conflicts across multiple regimes, (iii) competition laws that deal with more than maintaining competitive markets, (iv) asking whether authorities or companies should design solutions, and (v) minority ownership. Plus we have two Of Special Interest articles—defining relevant markets, and the new Greek method of identifying collusion. Happy holidays, everyone!
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Merger Remedies
The Broader Implications of Merger Remedies in High Technology Markets
A number of cases suggest that competition authorities should undertake a more nuanced view of how technology markets work in their merger remedies. D. Daniel Sokol (Univ. of Florida)
A Comparative Analysis of the Use of Merger Remedies in Technology Industries
Technology mergers present issues not often present in combinations occurring in more traditional industries, and jurisdictions around the globe are dealing with such challenges differently. Scott Sher & Kellie Kemp (Wilson Sonsini)
The Real Threat Posed by Global Merger Enforcement Divergence
So which divergence problems relating to remedies pose the greatest challenge to the international merger control system? Adam J. Di Vincenzo (Gibson, Dunn)
Merger Remedies in Transnational Mergers: When Less is More
In practice, creativity in devising merger remedies can very easily lead to conflicting decisions in global deals. Ana Paula Martinez & Mariana Tavares de Araujo (Levy & Salomão Advogados)
Expanding EU Merger Control to Non-Controlling Minority Shareholdings: A Sledgehammer to Crack a Nut?
Although there is theoretical support for the notion that structural links may in certain circumstances raise antitrust concerns, the available evidence is insufficient to justify the EUMR’s expansion. Nicholas Levy (Cleary Gottlieb)
Yes We Can, But Should We? Merger Remedies During the First Obama Administration
Some agency remedies, such as compulsory innovation, compulsory licensing, and detailed conduct remedies that border on industrial engineering, risk exactly the kind of “costly government entanglement in the market” that the 2004 Policy Guide sought to avoid. Christine Wilson & Keith Klovers (Kirkland & Ellis)
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Of Special Interest
Finding the Right Lodestar for Defining Markets
It is far from unreasonable to require that qualitative evidence of a separate market be supported by an accepted economic test when the data required to perform such a test is readily available. David Balto & Matthew Lane (Law Offices of David A. Balto)
The HCC Guide on the Detection and Prevention of Collusive Tendering
The guide may be used by tenderers not only to self regulate, but also to scrutinize and denounce the behavior of other candidates and thus assist competition authorities in detecting cartel activity. Lia Vitzilaiou (Lambadarios Law Firm)
