In this issue:
We’re serving up our summer beach reading equivalent—an antitrust antipasto feast of eight disparate articles. Some bring us up to date on topics we dove into earlier, some respond to previous articles, some highlight topical subjects, and some visit intriguing parts of the world to see what’s new. There’s something here for everyone—enjoy!
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Antitrust Antipasto
Healthcare Merger Antitrust Review: Increased Scrutiny for Any Provider Merger
Whereas previously the focus of the Commission and other enforcement agencies has been on horizontal mergers, there is also now increasing interest in vertical combinations. David Balto & James Kovacs (Law Offices of David A. Balto)
Arbitrariness in Imposition of Penalties by the Competition Commission of India: The Need for Penalty Guidelines
There does not appear to be any logical pattern in the levy of penalties by the CCI, plus these do not seem to follow the global trend of penalizing cartels heavily, and they seem arbitrary. Ananya Gaur
An Overview of the NDRC Decision in the Qualcomm Investigation
This landmark case provides much needed guidance on the approach the NDRC will take to analyzing complex issues at the intersection of antitrust and intellectual property law. H. Stephen Harris, Jr. (Winston & Strawn)
The Future of African Antitrust Enforcement
There is the potential for regional bodies to act as a cheaper and faster one-stop-shop for merger clearances and to build up significant economic and technical expertise. Heather Irvine (Norton Rose Fulbright)
Section 5 Enforcement: Common Law Guidance
Recent FTC enforcement actions and the Commissioners’ statements in those actions are the best “roadmap” for Section 5 enforcement. Pete Levitas & Farrell Malone (Arnold & Porter)
Online Advertising Platforms and Personal Data Retail: Consequences for Antitrust Law
Treating online platforms as two-sided in all cases does not yield the best possible results for antitrust analysis and, as such, one should question whether continuing to apply it without qualification is the most suitable course forward. Marcela Mattiuzzo (CADE, Brazil)
Ecuadorean Merger Control Regulation
From a perspective of global transactions being cleared in different jurisdictions, merger notification should be filed in Ecuador far ahead of other jurisdictions. Diego Pérez-Ordóñez & Luis Marín Tobar (Pérez Bustamante & Ponce)
Debunking the Smallest Salable Unit Theory
The arguments advanced in support of the SSPPU theory fail at every level: law, fact, policy, history, and practicality. Richard J. Stark (Cravath, Swain, and Moore)
