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Blog o’ Blogs June 2015

By  |  June 16, 2015
June 2015, Volume 5, Number 6
Besides the latest from SCOTUS, DG Comp, and the U.S. regulators, we have a number of international contributions this month—from, among others, South Africa, Canada, the ICN, and even Texas. And although he wasn’t an antitrust economist per se, we felt it important to note John Nash’s passing with a short tribute.
SCOTUS foreign antitrust cert denials show different tests for civil, criminal cases
Overseas conduct that gives rise to a criminal conviction in the United States may not give American companies a right to private damages even when the conduct has a direct effect on U.S. commerce. 
Alison Frankel (Reuters)
EU Antitrust Chief Throws the Book at Amazon
Margrethe Vestager fired a new warning shot at the online retailer, saying that the EU is targeting it not because the firm is U.S.-based, but because it is trying to “close the way of innovation.”
Sam Schechner (Digits WSJ)
How Netflix Keeps Finding Itself on the Same Side as Regulators

It probably didn’t hurt Netflix’s case that just about everyone in Washington watches the hit Netflix series “House of Cards,” and Comcast is the dominant Internet provider there.

James B. Stewart (Common Sense, NY Times)
U.S. Antitrust Reviews of Mergers Get Longer
But antitrust lawyers say the U.S. agencies have gotten more demanding in asking firms for long periods to conduct exams.
Brent Kendall (WSJ)
European Commission’s Digital Single Market Strategy Is Storming The Border Walls In E-Commerce

The EC is concerned that online retailers may restrict cross-border online trade within the EU by deliberately creating technical and/or contractual barriers.

Yulia Tosheva & James Ashe-Taylor (Antitrust Today)
AG Kokott in Post Danmark II: a legal test for quantity rebates
Administrability and legal certainty (to which I would add effective judicial review) should also be considered when defining the instances in which quantity rebates are abusive.
Pablo Ibáñez Colomo (Chillin’Competition)
Texas Federal Court Acts for Teladoc in Antitrust Case Against State Medical Board
Remember, whenever a state board of professionals wants to exclude competition, it will always cite public health and safety, or consumer protection, in support of their anticompetitive actions. To its credit, the Court here didn’t fall for it.
Jarod Bona (The Antitrust Attorney Blog)
Competition Culture Project Report
The study concluded that competition agencies found it more challenging to communicate with consumer groups and the general public, than with legislators or the business community.
Andreas Stephan, et al. (ICN)
Competition Bureau Makes Major Changes to Canadian Competition Compliance Programs
They signal a more serious approach by the Bureau to competition compliance.
Steve Szentesi (Canadian Competition and Regulatory Law)
Some Thoughts on Compliance and Other Issues Raised by the Forex Guilty Pleas

The Antitrust Division took a big step forward in encouraging the implementation of effective compliance programs. 

Robert Connolly (Cartel Capers)
Short-term Sights in Favour of Long-Term Gains: Patel’s Industrial Policies Risk Effective Competition in South Africa
There is no justification for abandoning the tried and tested benefits that flow from a competitive market, in favour of promoting short-term industrial policies such as Patel is doing.
Andreas Stargard (African Antitrust and Competition Law)
Double dog dare: Read FTC staff’s new report on pet medications competition
We hope our observations and recommendations will promote greater competition in this important industry – and, perhaps, teach pet owners some new tricks for saving money on pet meds.
Tara Isa Koslov & Stephanie Wilkinson (FTC Competition Matters)
Economics in One Lesson: Nash
He is perhaps the person who had the single idea with the most important impact on economists of anyone.
Joshua Gans (Digitopoly)
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