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June 2012 Blog o’ Blogs

 |  June 22, 2012

June 2012, Volume 2, Number 6

Some of our group this month has a conciliatory tone-in the U.S., the E.C., Mexico, and China. But there are still plenty of fireworks, led by a withering retort from Judge Easterbrook and a decision from the Supreme Court of Kansas (of all places). And be sure to read the parables that bring up the end-Aesop meets antitrust. Enjoy!

Why Don’t Judges Appoint Experts in Antitrust Cases?

Is it more embarrassing to “ask for directions” in an antitrust case?
Josh Wright (Truth on the Market)

Mexican Antitrust Regulator Puts Pressure on Billionaires

…he’s finally getting what he’s been seeking all this time: cooperation.
Crayton Harrison (Bloomberg)


Change of Tone Could Help Google in European Antitrust Case

Mr. Almunia has gained a reputation for attempting to reach settlements, where possible, rather than trying to win scalps.
James Kanter (New York Times)


Kansas Supreme Court Declares “Rule of Reason” Inapplicable to Kansas Antitrust Law: Legislature May Have a Different Idea

…as Mark Twain stated: “No man’s life, liberty, or property is safe while the legislature is in session.”
Don T. Hibner, Jr. and Tyler Cunningham (Antitrust Law Blog)


Are Cartel Fines Too Low?

…an effective sanction policy could seek to exploit agency problems within firms.
Benoît Durand (Chillin’ Competition)


Does First Amendment trump antitrust law? In FTC case, Google hopes so

“The First Amendment Protects Search Engine Results Against Antitrust Law:” Google
Alison Frankel (Thomson Reuters)


Managing cross-border antitrust investigations

The main uncertainty lies in the law applicable to the use in domestic proceedings of evidence obtained from and transmitted by a foreign NCA.
Damien Gerard (Kluwer Competition Law Blog)


OFT’s Proposed Reforms Fall Short of Ensuring Independence in Antitrust Decision Making

…it may herald the exclusion of independent expert panels from antitrust decision making.
Bruce Lyons (Competition Policy blog)


Proposed Universal-EMI Merger Could Remix Antitrust and Copyright Law

The idiosyncrasies of the music industry, however, as well as the challenge of defining the relevant market, make the analysis of the proposed merger’s likely effects on competition difficult.
Constantine Cannon (Antitrust Today)


The Shanghai Court’s Position on Resale Price Maintenance in the J&J Vertical Price-Fixing Litigation

The Shanghai Court takes the first step in developing concrete rules on RPM under China’s AML.
Jessica Hua Su (Kluwer Competition Law Blog)


Easterbrook Strikes Again, Slamming Flimsy Derivative Suit

“…this litigation is so feeble that it is best to end it immediately.”
Daniel Fisher (Forbes)


Two Antitrust Parables

The Fisherman, the Miller, and DG Comp and The Kroes and the Almunia. Chillin’ Competition outdoes Aesop. 
Nicolas Petit (Chillin’ Competition)