In this issue:
In 2014 we published 156 articles in the CPI Antitrust Chronicle. For this last issue of the year, we’re presenting a baker’s dozen articles that highlight the variety, scope, and diversity of the content we presented. We invite you take a look back and see what you may have missed, or reacquaint yourselves with some topic that seems a bit unfamiliar—and check out the related articles in the archives. There’s a world of information available, and it’s always accessible. And, of course, many thanks to all of you—our authors and readers—who continue to prove the world of competition policy/antitrust is vibrant, energetic, and challenging. Here’s to a great 2015!
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A Diversified Sampling of 2014
Sport and State Aid—Reining in the Populist Gesture (2)
However, at the very same time, as if to remind law-makers of sport’s uniquely political nature, an unprecedented controversy has erupted in which the European Ombudsman has accused the EU’s (Spanish) Commissioner for competition of maladministration. Ken Daly (Sidley & Austin)
Regulating the Credit Rating Agencies? Less Would Be More (2)
This essay will argue that public policy should remove the pedestal on which past policy has placed the major CRAs. Lawrence White (Sloan, NYU)
Too Much of a Good Thing?: Is Heavy Reliance on Leniency Eroding Cartel Enforcement in the United States? (2)
But some would argue that a regime wherein cartelists may fear being exposed by their co-conspirators in exchange for leniency, but where they face no real danger of otherwise being detected, is lopsided and thus less effective. Megan Dixon, Ethan Kate, & Janet McDavid (Hogan Lovells LLP)
On the Relationship Between Media Plurality Legislation and Competition Law (2)
At the level of measurement, and, particularly, in the choice of remedies, there are lessons to be learned from competition law which can be applied to the regulation of plurality. Martin Cave (Imperial College Business School & the U.K. Competition Commission)
State Aid Modernisation—Trying To Do More With Less (2)
What is clear is that the evaluation of success will not be based on the amount of documents that have been revised since the reforms were launched, but on whether the envisaged benefits of tighter timescales, simplified rules, and greater information-gathering powers result in more robust decisions on the cases that are likely to have the greatest impact on the internal market. Hilary Jennings (Univ. of East Anglia)
The EU Courts Play a Crucial Role in Ensuring Compliance of the EU’s System of Competition Law Enforcement With Due Process Rights (2)
It seems fair to say that, as a result of Menarini and Schindler, the compatibility of the EU system of antitrust enforcement with Article 6 ECHR and Article 47 of the Charter depends on the degree of judicial control exercised by the EU courts. Georg M. Berrisch (Baker Botts)
Can False Advertising Give Rise to Antitrust Liability? (2)
With the Retractable Technologies case, is the theory that false advertising can give rise to violations of the Sherman Act, while rarely invoked, gaining traction? Christopher A. Cole (Crowell & Moring)
Greater Cooperation Among Competition Agencies in Latin America (2)
Anyone doing business in the region should be aware of the increased cooperation among competition agencies, as this new reality will have an increasing influence on decision-making. Julían Peña (Allende & Brea)
Judicial Evaluations of Minimum Resale Price Maintenance Behavior (2)
In the absence of sufficient empirical evidence indicating that most minimum resale price maintenance behaviors harm competition, for China it is not a wise choice to adopt either a “per se illegal” or “principle of prohibition + exceptions exemption” for minimum resale price maintenance behavior. Ding Wenlian (Shanghai Higher People’s Court)
Repeal the FTAIA! (Or At Least Consider It as Coextensive with Hartford Fire) (2)
Besides having some unpleasant side effects, the FTAIA is simply unneeded. Robert E. Connolly (GeyerGorey)
Is the Affordable Care Act the Catalyst to Merger Efficiency Reform? (2)
The healthcare industry is teed up to provide enough data points to really move the needle in terms of analyzing out-of-market efficiencies—and any developments in this arena will have implications outside the healthcare context. George L. Paul & Andrew K. Mann (White & Case)
Competition Law in Asia—Protecting (Against) Competition? (2)
There could be objective justifications as to why foreign firms are more likely to find themselves the subject of antitrust investigations and infringement decisions. Kala Anandarajah & Tanya Tang (Rajah & Tann)
“Good Luck” Post-Actavis: Current State of Play on “Pay-for Delay” Settlements (2)
This article examines the current quagmire in the courts, the FTC’s recent activities, and finally explores growing interest outside the United States in getting into the “pay-for-delay” fray. Seth Silber, Jonathan Lutinski, & Ryan Maddock (Wilson Sonsini)
