We certainly experienced interesting times in 2013. Before the year fades away in the anticipation of even more excitement to come, we once again present a baker’s dozen of some of our best articles from 2013, 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 Baker’s Dozen of Our Best
Antitrust and the Political Center
The recent expansion of antitrust and its incorporation as one of the core elements of economic regulation worldwide may contribute to infusing some sensible centrist logic into the regulation of markets, particularly in emerging economies. Alfonso Lamadrid de Pablo (Garrigues)
Some Recent Developments in ASEAN Competition Law
An increasing focus on competition in improving economic outcomes in Southeast Asia is driven in part by the (competing) economic rise of China and India. Dr. R. Ian McEwin (Competition Consulting Asia & Chulalongkorn University)
Analyzing Competition Among Internet Players: Qihoo 360 v. Tencent
Although Qihoo 360 has appealed the decision to China’s Supreme Court it now stands as both a landmark decision in China and an exemplar of serious antitrust analysis of the internet sector for courts and competition authorities around the world. David S. Evans, Vanessa Yanhua Zhang, & Howard H. Chang (Global Economics Group)
Injunctive Relief and the Noerr-Pennington Doctrine: The Search for Clarity on a Muddied Pitch
The courts have attempted to deal with the tension between the antitrust laws and the right to petition government entities through the Noerr-Pennington doctrine. Thomas Dillickrath & David Emanuelson (Baker Botts)
Towards a Class Action Regime for Competition Litigation in the United Kingdom.: An Assessment of the Government’s Proposals
Two issues which will be critical to the success or failure of the reform: the proposed certification rules and the funding of such actions. Christopher Brown (Matrix Chambers) & Scott Campbell (Stewarts Law)
Perspectives on the In-House Practice of Antitrust Law
Antitrust has always been somewhat of a gray area, and its obscurity has, if anything, been increasing. Roy Hoffinger (Qualcomm, Inc.)
Cooperation, Convergence, and Conflicts? The Case of EU and National Merger Control
The mantra of international merger control has been cooperation, convergence, and comity. Andreas Bardong (Bundeskartellamt)
Is There Misdiagnosis and Mistreatment in the Market for Credit Ratings?
Having more CRAs in a market characterized by monopsony power will likely only worsen the problem. Rosa Abrantes-Metz (Global Economics Group)
Evaluating the Size of Reverse Payments In Light of the Supreme Court’s Decision in FTC v. Actavis
It is economically troubling when one of the relatively few guideposts the majority decision discusses is the size of the reverse payment. James Langenfeld (Navigant Economics)
What a Difference a Year Makes: An Emerging Consensus on the Treatment of Standard-Essential Patents
Setting aside the rhetoric of interested parties on all sides of the issue which remains as divisive as ever one can see a consensus beginning to emerge around certain key principles. Jonathan Kanter (Cadwalader, Wickersham & Taft LLP)
Why the New Evidence on Minimum Resale Price Maintenance Does Not Justify a Per Se or Quick Look Approach
Both theory and empirical evidence (including evidence of retailing trends) suggest that instances of minimum RPM are more likely to be pro- than anticompetitive. Thomas Lambert & Michael Sykuta (Univ. of Missouri)
Recalibrating Section 5: A Response to the CPI Symposium
The absence of UMC guidelines can be counterproductive to the FTC’s competition mission, raising issues of fundamental fairness and potentially deterring consumer welfare-enhancing conduct. Joshua Wright (FTC)
Is the Definition of a Cartel Ballooning?
Arguably, however, the factors preventing the cartel concept from widening and becoming more blurred are no longer as pre-eminent as the concept has moved away from the U.S. criminal law framework. Rein Wesseling (Stibbe)
