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Blog o’ Blogs November

By  |  November 30, 2017

The approaching end of 2017 has many jurisdictions in overdrive as authorities and companies get their ducks in a row for some deeply transformative changes ahead. Conflict between European regulators and major companies may be producing its first theoretical results; Chinese and Australian regulators keep busy with major tweaks and new heads at the US make their presence felt…

Strong Patent Protection Promotes Strong Economies
In her distinguished tenure as a Commissioner and as Acting Chairman of the FTC, Maureen Ohlhausen has done an outstanding job in explaining the tie between robust patent protection and economic growth and innovation…
Alden Abbott (Truth on the Market)

It Is Time for an Antitrust Whistleblower Statute
—Part I
Kimberly Justice and I wrote an article published in Global Competition Review arguing that it is time for an “Antitrust Whistleblower Statute.”  Kimberly and I will be expanding on this idea in Cartel Capers blog posts over the next two weeks.  Below is the first installment….
Robert E. Connolly (Geyer Gory – Antitrust Connect)

It has taken us more than usual to discuss AG Saugmandsgaard Øe’s Opinion in Case C-179/16, which is the most recent Hoffmann-La Roche in town (and we had very good reasons to do so, as you will see below!). But here we are…
Pablo Ibanez Colomo (Chilling Competition)
Fred S. McChesney In Memoriam: Honorable Man and Incisive Scholar
It was with much sadness that I learned of the all-too-early death of Fred McChesney, whom I have known since the time that he spent at the University of Chicago Law School in the early 1980s when he visited on our faculty…
Richard Epstein (Truth on the Market)
What happens if a defendant’s cash is subject to forfeiture but he also owes someone else money? Who gets the forfeited cash?
Sara Kropf (Grand Jury Target)
China’s new Anti-unfair Competition Law (the New Law) was promulgated by the Standing Committee of the National People’s Congress on 4 November 2017 and will take effect from 1 January 2018, by which date the current version of the law promulgated back in 1993 will cease to be effective…
Norton Rose Fulbright
Dawn raids in Poland – tighter rules on the gathering of electronic evidence
On March 7, 2017, the Polish Court of Competition and Consumer Protection, the (“CCCP“), issued an important judgment regarding the powers of the Polish Competition Authority, the (“PCA“), to search IT systems and hardware (e-mails and hard disks) during dawn raids…
 Piotr Skurzyński, Maciej Gac (Kluwer Competition – Hogan Lovells)
Third Circuit Sets Out Specialized Standard for Summary Judgment in Antitrust Cases Involving Parallel Conduct by Oligopolists
In my last post, I wrote about the difficulties that antitrust plaintiffs face in getting to trial with claims based on circumstantial evidence. I discussed a decision of the federal district court in Chicago in a long-running class action against paper companies for conspiring to raise prices for containerboard provides an example of the…
Jeffrey May  (Wolters Kluwer – Antitrust Connect)
The FTC should address how (and whether) it assesses causation as it looks to define “informational injury”
The FTC will hold an “Informational Injury Workshop” in December “to examine consumer injury in the context of privacy and data security.” Defining the scope of cognizable harm that may result from the unauthorized use or third-party hacking of consumer information is, to be sure, a crucial inquiry, particularly as ever-more information is stored digitally…
Geoffrey Manne & Kristian Stout  (Truth on the Market)
Are Restaurant No-Tipping Policies the Product of an Antitrust Conspiracy?
In July of 2013, Danny Meyer, the CEO of the Union Square Hospitality Group, tweeted that he was considering eliminating tipping at his restaurants and solicited the opinion of other restaurant owners…
by Jamison Davies and Robert P. LoBue  (Antitrust Update)
Welcome clarifications by the EU Court on the concept of excessive pricing
On the 14 September, the Court of Justice of the European Union provided detailed guidance on the concept of excessive pricing under Article 102 TFEU, in response to questions posed by the Latvian Supreme Court.
Kevin Coates, Siobhan Kahmann (Covington & Burling – Kluwer Competition)
Imminent Australian competition law changes present new risks and opportunities
Two laws to substantially amend the Competition and Consumer Act 2010 have now been passed in Parliament…
Norton Rose Fulbright