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Blog o’ Blogs February 2015

By  |  February 16, 2015
February 2015, Volume 5, Number 2
Several key decisions have come down, including those on Health Mergers, sports, network neutrality, Qualcomm, and others. Plus we even find out what the new EU Competition Commissioner thinks about competition lawyers, her favorite movies, and other insights. Enjoy.
9th Circuit affirms: St Luke’s/Saltzer merger violates Section 7
There are many lessons in the Ninth Circuit’s opinion about the interpretation and application of Section 7, including the evidentiary burden-shifting that allows a court to make the final determination that a merger is likely to harm competition.
Debbie Feinstein (FTC)
Takeaways from the Ninth Circuit’s Opinion Affirming the FTC’s Victory Against the St. Luke’s/Saltzer Merger
This case demonstrates that courts are unlikely to deviate from traditional antitrust merger analysis even when a transaction arguably furthers the “laudable” goals of high-profile legislation, such as the Affordable Care Act.
Andrew Forman, et al. (Cadwalader Advisory)
Competition law and sports arbitration
In any event, this ruling…may provide weaponry for those wishing to contest arbitration clauses or to oppose the recognition of arbitral awards in certain circumstances.
Alfonso Lamadrid (Chillin’ Competition)
Baseball Antitrust Exemption Extends 93-Year Winning Streak In Federal Courts
Courts still consider themselves bound to invoke that anachronistic exemption to call antitrust plaintiffs out.
Nneka Ukpai (Antitrust Today)
Network Neutrality: There and Back Again

The net neutrality debate in the US is interesting, because it is being conducted almost entirely in behavioural, not structural, terms. 

Kevin Coates (21st Century Competition)
Google and Net Neutrality: It’s Complicated
In part, that silence reflects Google’s growing portfolio of businesses, which have given the Internet giant conflicting interests in the debate over “net neutrality.”
Alistair Barr (WSJ Digits)
The Friday Slot—Commissioner Margrethe Vestager
But the movies I have seen the most are the “Die Hard” movies. I always look forward to when John McClane says Yippee ki-yay.
Alfonso Lamadrid (Chillin’ Competition)
Qualcomm’s $975 Million China Settlement: Is NDRC Righting Antitrust Wrongs, or Building Industrial Policy?
Indeed, it is the behavioral aspects of the settlement that may hold broader lessons for industry participants and companies doing business in and with China.
John Gibson et al. (Crowell Moring Newsletter)
European Antitrust Watchdogs Warn Of Uncertain Future For Pay-For-Delay Settlements
It was pointed out that, even if settlements can indeed be a legitimate tool to put an end to or to avoid litigation, and even if there were a public policy to encourage settlements, this would by no means exempt such agreements from antitrust scrutiny.
Irene Fraile (Antitrust Today)
Oops, They Did It Again
Which bring us to the where the real action will likely be for the current investigation [the proposed merger of Staples and Office Depot]: the contract channel.
Adam Miller (Upward Pricing Pressure)
Eurotunnel: when buying assets is a merger
The key issue is whether what was purchased was the activities of a business.
Tristan Jones (Competition Bulletin)
IEEE Patent Policy Change Would Undermine Property Rights and Innovation
Although it may not constitute an antitrust violation, the new policy would greatly devalue SEPs and thereby undermine incentives to make patents available for use in IEEE standards.
Alden Abbott (Truth on the Market)
In re LIBOR: ‘More Light, Please!’
In sum, it does not appear that the district court correctly applied Supreme Court precedent on antitrust injury or that the second leg of its rationale supports its conclusion that the banks’ alleged collusion could not cause antitrust injury.
Richard Wolfram (AntitrustConnect Blog)
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