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Blog o’ Blogs November

By  |  August 15, 2017

Controversy brewing in global antitrust, with some serious developments gearing up to bring us plenty to discuss for year’s end. Landmark cases may shake up the landscape in Europe for major tech industries, while the still incomplete SCOTUS awaits with a full docket for a (possibly) game-changing election, and the FTC tackles the complexity of a (possibly criminal) new business format.

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    In two recent landmark judgements, Swiss Courts have provided important clarifications on the protection of business secrets and access to files in cartel cases. Harmful internal business communication subject to publication In 2011, the Swiss Competition Commission (“ComCo”) imposed a fine on Nikon for suspected violations of Swiss competition law.
    Marcel Meinhardt and Frank Bremer (Kluwer Competition)
    Sadly, in our current political climate in the United States, it is virtually impossible to hear any policy discussions on issues.  I thought this paper might be of interest.  It is not written by either of the campaigns, however.  The author is with the current Obama administration as Chairman of the Council of Economic Advisers.
    Robert Connolly (Cartel Capers)
    Each month we focus on the work and interests of either a regulator or an in-house counsel. This month we interviewed Ann Pope, Senior Director (Antitrust) of the UK’s Competition and Markets Authority (CMA).
    (Competition Law Blog)
    Assessing abuse of dominance: Change of approach imminent?
    On Thursday 20 October, Advocate General Wahl (AG Wahl) issued his long-awaited opinion in the Intel case. This is the case that in 2009 led to fines of over €1 billion being imposed on Intel in respect of rebates and other “naked restrictions” which the European Commission found had been intended to exclude competition by Intel’s rival, AMD…
    (Norton Rose Fulbright)
    The EC has reviewed six 4:3 mergers of mobile network operators (MNOs) since 2012. All of them were subject to in-depth probes; none of them were cleared unconditionally.
    Sascha Schubert (Competition Law blog)
    I won’t hide the ball; I’ll just tell you the answer: Federal district courts deciding motions to dismiss an antitrust case too often apply the summary-judgment standard to conspiracy allegations, particularly when confronted with non-parallel-conduct cases.
    Jarod Bona (Antitrust Lawyer blog)
    Price Fixing not Justified to protect Pharmacies in Rural Areas
    On 19 October 2016, the Court of Justice of the European Union (CJEU) issued an important judgment concerning the German law on fixing prices of retail prescription drugs.
    Roman Madej and Robert Bell (EU – Competition Law)
    Competition Law Considerations for the Franchise Industry in Canada
    The Canadian franchise industry constitutes an important sector of the Canadian economy. The industry employs one in every 35 Canadian, generates approximately CDN$68 billion in revenues, and covers a wide variety of businesses (60% of franchisees are in non-food sectors and industries.)
    Mark Katz,(Antitrust Connect)
    The Coolest Investigation – Is a Failed Kickstarter Campaign a Crime?
    About two years ago, I saw a video on Facebook about a Kickstarter campaign for the Coolest cooler. I thought it was a joke. It was a cooler with a blender and a Bluetooth speaker, plus giant wheels, built in bottle opener and USB charger.
    (Grand Jury Target)
    What’s Pending on the Supreme Court’s Docket for Antitrust?
    Earlier this month, the U.S. Supreme Court denied review of a handful of petitions in antitrust cases. Since that time, new petitions for certiorari have been filed in competition law cases with the hope that the High Court will add them to its docket.
    Jeffrey May (Antitrust Connect)
    FTC examines crowdfunding
    Crowdfunding is the use of online platforms to fund a project or cause by raising money from a large number of people. As part of its FinTech series, the FTC will take a closer look at crowdfunding during a half-day forum today, October 26.
    Colleen Tressler (FTC)
    Microsoft/LinkedIn deal notified for EU merger control clearance: Will it be smooth sailing?
    A recent EU merger notification which might have gone under the radar is Microsoft’s proposed acquisition of LinkedIn.  The deal was notified to the European Commission on 14 October 2016 and the provisional deadline for a decision is 22 November.   Microsoft announced in June 2016 its intention to acquire LinkedIn for USD 26 billion.
    Chantal Lavoie (Lavoie Law)
    Intel Corp v Commission: towards legal certainty and consistency
    The big news today is the release of AG Wahl’s opinion in Intel. The Advocate General proposes to set aside the first instance judgment in the case and to refer the case back to the General Court.
    Pablo Ibanez Colomo (Chillin’ Competition)