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April 2013 Blog o’ Blogs

 |  April 24, 2013



April 2013, Volume 3, Number 4



The theme for the month is might vs. right. We start with a question: When do regulators/courts/large companies/individuals have too much power? Then a number of decisions and rulings – Libor, Comcast, Google, France Télécom, and UPS, among others – provide a suitable segue to our final question: Is competition always a good thing in a market economy?



In Libor Ruling, A Big Win for the Banks

The key to Judge Buchwald’s decision is her finding that the banks were not acting as competitors but instead were cooperating.
Peter Henning (DealB%k)

Critics of Libor antitrust ruling make their case

“Her opinion essentially says if companies come together to set a price index, they are entitled to collude,”
Andrew Longstreth (Reuters)

E.U. Competition Chief Texting With the Enemy

Not everyone is happy with how European antitrust enforcement is evolving.
James Kanter (New York Times)


Some Thoughts on the Spring Meeting: Bummed About RPM, Happy About the FTC’s Future

So here’s an idea for the FTC: How about using some of that advocacy prowess to convince the anti-Leegin states to bring their RPM doctrine into conformity with federal law?
Thom Lambert (Truth on the Market)

Thoughts on the Commission’s Decision in UPS/TNT

In this case, the parties awkwardly offered to the Commission the rope to hang them.
Nicolas Petit (Chillin’ Competition)



Commissioner Wright Calls for FTC Policy Statement on Unfair Methods of Competition

There is little hope for Section 5 to play a productive role in antitrust enforcement unless the Commission articulates in a policy statement about precisely what constitutes an unfair method, how the agency will decide whether to bring unfair method claims, and a general framework including guiding and limiting principles for evaluating Section 5 cases.
Jeffrey May (AntitrustConnect Blog)



CJEU Ruling Overturns General Court on France Télécom State Aid

State action, even when similar to a private investor’s, often comes combined with pompous political discourse which could imply advantages even when they do not exist.
Christos Malamataris (Antitrust Hotch Potch)




The Supreme Court, Throwing Curveballs

Cases concerning baseball seem to turn the minds of lawyers and judges to mush.
Adam Liptak (New York Times)



Bossiness and the leper’s squint

Pushing people around is the flavour of the month right now. Indeed, both companies and regulators seem to be going in for it.
Max Findlay (Kluwer Competition Law Blog)



How the Feds Want to Put Heat on AT&T and Verizon

Putting heat on the big players is simply the name of the regulatory game — at least if you’re the Department of Justice’s Antitrust Division.
Evan Niu (Motley Fool)



Plaintiffs’ Bar Dodges Bullet in Comcast Antitrust Decision

If you’re going to lose 5-4, this is the most benign way to lose.
Andrew Longstreth (Reuters)



Is Competition Always Good?

But as football coaches, Wall Street traders, ratings agencies, and nations realize, increasing competition at times worsens, rather than cures, the problem.
Maurice Stucke (OUP blog)