In this issue:
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Antitrust & Innovation
The Middle Way on Applying Antitrust to Information Technology
Antitrust analysis ought to account for special features of IT – just like it ought to account for special features of any industry under consideration. But there’s no particular reason to focus additional antitrust resources on this sector.
Antitrust, Economics, and Innovation in the Obama Administration
In the sometimes lengthy period before those changes are incorporated into antitrust doctrine and enforcement decisions, the history of antitrust suggests a tendency toward false positives when innovative business practices are involved.
Procedural Fairness
The topic of “procedural fairness” is now a hot topic among the world’s antitrust community.
CPI Comebacks
Collective Dominance In Canada: A New Direction
It appears that the Canadian Competition Bureau (“Bureau”) will be taking a more aggressive approach than in the past to instances of what it regards as the collective (or “joint”) abuse of dominance.
The Second Circuit Cautiously Expands Walker Process Standing in In re DDAVP
In October 2009, the United States Court of Appeals for the Second Circuit became the first appeals court to decide that direct purchasers have standing to assert Walker Process claims.
EU Cartel Fining Laws and Policies in Urgent Need of Reform
The criticisms against the cartel fining policies of the European Commission are mounting. Feeling the heat, the Commission is finally entering the debate: that’s good news. The bad news is that the Commission keeps stonewalling.
