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Blog o’ Blogs April

By  |  April 27, 2018

The winds of change blow through the world of Antitrust these days, with daunting challenges posed by the increasing importance of Technology and Telecommunications, both as a uniquely complex sector of the economy… and also as a Great Connector, blurring political and physical boundaries. Reactions across the world, from companies and authorities, are varied and downright exciting examples of a changing body of legal concepts and applications at work. With authorities attacking previously minor problems and new jurisdictions joining (and adding to) the wider discussion around antitrust, there may yet be some twists and turns to this tale…

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    Can Antitrust Law Save Innovative Ideas and Freedom of Speech?
    There was once a time when people were worried that government would suppress speech, ideas, and innovation. The government still does this, of course. But it seems like there is less worry about it. In many ways, the government doesn’t have as much power as it used to have. That is, in part, because of our connectedness…
    Jarod Bona (The Antitrust Attorney)

    The illiberal vision of neo-Brandeisian antitrust
    The urge to treat antitrust as a legal Swiss Army knife capable of correcting all manner of social and economic ills is apparently difficult for some to resist. Conflating size with market power, and market power with political power, many recent calls for regulation of industry — and the tech industry in particular — are framed in antitrust terms…
    Geoffrey Manne (Truth on the Market)

    Restrictions by object in ISU: why has the Commission not drawn the lessons from Cartes Bancaires and Maxima Latvija?
    The Commission usually takes some time to publish its decisions. This is not necessarily a bad thing, at least for the purposes of this blog. We now have the chance to discuss a few decisions that have (finally) come out…
    Pablo Ibanez Colomo (Chilling Competition)
    European Commission Sets EU-wide Whistleblower Protection Rules
    The European Union just announced proposed rules designed to guarantee protection to whistleblowers who report infringements of EU law.  The proposal requires approval from EU countries and the European Parliament before it can become law. Currently only 10 EU countries offer full protection to whistleblowers…
    Robert Connolly (Cartel Capers)
    DOJ Now Targeting HR Professionals for Criminal Antitrust Violations
    BakerHostetler partner Carl Hittinger and Associate Tyson Herrold present an article which examines the Department of Justice’s (DOJ) ongoing enforcement of certain no-poach employee and wage-fixing cases…
    Carl Hittinger & Tyson Herrold (Antitrust Advocate)
    Are megadeals coming back?
    The year of 2017 witnessed a worldwide slowdown in the number of megadeals… However, there have been recent hints suggesting that the spring for megadeals is just around the corner…
    Jaray Zhao (Deal Law Wire)
    DOJ Enforcement Update: Higher Education
    According to press reports, the Antitrust Division of the US Department of Justice (DOJ) is investigating several issues related to admission of students to institutions of higher learning…
    Mary Strimel (Antitrust Alert)
    Far-Reaching EU Consumer Class Action Proposal
    On April 11, 2018, the European Commission published a proposed new EU law as part of a package of consumer protection measures. The proposed new law would introduce the first Europe-wide consumer class action system, exposing companies in a broad range of industries to new risks with potentially huge financial implications…
    Anne Robert (Antitrust Connect/Sidley Austin LLP)
    Angola Antitrust: Latest addition to World’s competition law regimes
    After its 2017 administration change, the Republic of Angola is eager to join other African nations with nascent competition-law enforcement regimes: Having been approved by a unanimous majority of 183 votes in parliament, the new Angolan competition act is expected to be enforced by the also newly-established “Competition Regulatory Authority” (“ARC”) in short order…
    Jacarandaglobal (African Antitrust & Competition Law)
    Employee No-Poach Agreement Compliance Talk:  Knock it Off!  Now!!
    A hot topic at the ABA Antitrust Section Spring Meeting in DC that I recently attended, and in antitrust in general, is the treatment of employee “no-poach” agreements between companies…
    Robert Connolly (Cartel Capers)
    Digital Markets and Restrictions
    The European Commission has been closely following the developments in e-commerce. As more and more goods and services are sold online, the Commission finds itself inevitably drawn into regulating the competition rules in this increasing important sector…
    Robert Bell (EU Competition Blog/Byan Cave)
    Snip, Peel Away: Warranty Tags Deemed Illegal
    It has been just over a year since I last wrote on EU Merger Control and the Innovation Theory of Harm (the ITOH), see here. And what a year it has been….
    (Liquid Litigation)