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CPI July Blog o’ blogs

 |  July 25, 2012

CPI July Blog o’ Blogs


July 2012, Volume 2, Number 7
So far, summertime has been anything but easy in the antitrust world – courts have rendered contradictory decisions, commissions have leveled record fines, the authorities have both won and lost. As our last entry states, leading up to the Olympics the competition theme this month is all about fighting.
Reverse Payment Settlement Agreements Likely Headed for Supreme Court Showdown
Of special significance was the court’s explicit acknowledgement that its ruling squarely contradicted the conclusions reached by its sister courts.
Ry Ellison (The Legal Pulse)
Should Libor-Rigging be treated like Price-Fixing?
Calls for a punitive approach similar to that taken against cartels may distract from the need for structural and regulatory reforms.
Andreas Stephan (Competition Policy Blog)
In Silicon Valley, fast firms and slow regulators
Of course companies also don’t mind using regulators as a weapon against competition.
Cecilia Kang (Washington Post)


On Fast Firms, Slow Regulators, Antitrust & the Digital Economy
Antitrust can’t keep up with an economy built on Moore’s Law.
Adam Thierer (The Technology Liberation Front)

Has the Obama Justice Department Reinvigorated Antitrust Enforcement?
Antitrust enforcement in the modern era is a technical and technocratic enterprise.
Daniel Crane (Concurring Opinions)
Will a no-contest plea in price-fixing case hurt DOJ amnesty deals?
A nolo contendere plea by a lone defendant in district court is clearly precedent the antitrust division doesn’t want. (Note: Subsequent to this article the judge did agree to let Florida West plead no contest to price-fixing charges.)Alison Frankel (Thomson Reuters)
Seventh Circuit Sitting En Banc Reverses in Potash, Announces Second Most Important of All FTAIA Opinions, Shores Up the Text Messaging Position on Conspiracy Pleading
All of this highlights the evident desire of at least some judges to assure that Twiqbal will not kill private antitrust altogether.
Christopher Sagers (Antitrust Connect Blog)
Boom, Bust and Bailout: A Tale of Modern Irish Competition Law
By late 2010, the Competition Authority was isolated politically, without permanent leadership and in considerable doubt as to its future.
Philip Andrews (Kluwer Competition Law Blog)
Fines and Punishment
The economics of crime suggests that corporate fines should be even higher.
Free Exchange (The Economist)


Antitrust Sanctions in the Economist
[The article] also makes some important mistakes in framing the debate.
Josh Wright (Truth on the Market)

Counterparties: The largest antitrust settlement in US history?
That’s how the largest antitrust settlement in US history turns into a massive microeconomics study. 
Ben Walsh (Reuters)
Case T-167/08, Microsoft v European Commission
The General Court has therefore made very clear that in the nebulous field of competition law the principle of legality has more vaporous contours.
Alfonso Lamadrid (Chillin’ Competition)

Intel Calls EU Case for $1.3 Billion Fine “Utterly Hopeless”
The 2009 decision by the EU’s antitrust regulator was based on claims that are “utter nonsense.”
Stephanie Bodoni (BloombergBusinessweek)

Fighting Fit
In the run-up to the London Olympics, it seems particularly appropriate that the competition theme of the moment is all about fighting.
Max Findlay (Kluwer Competition Law Blog)
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matador and bull



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