A PYMNTS Company

May 2013 Blog o’ Blogs

 |  May 30, 2013


May 2013, Volume 3, Number 5




Antitrust gets personal this month discussing individual liability, credentials, criminality, and health. Plus we take a look at some important case decisions and non-decisions. But don’t miss the recount of Justice Sotomayor’s reenactment of the infamous Curt Flood case – who says the Justices don’t have a sense of humor? 




Sunshine Lawyering

It’s funny to observe that the cult of personality/firms prevalent in the EU competition world is, to a great extent, grounded on practically no available information.

Alfonso Lamadrid (Chillin’Competition)




Business and the Robert’s Court Revisited (Again)

A more “pro-business” court may actually produce decisions that are less business-friendly than one that is deemed “anti-business.”

Jonathan Adler (The Volokh Conspiracy)




Q&A: Daniel Crane on customer discounts and antitrust law

What we were arguing for is (a ruling) consistent with a broader line of precedent requiring plaintiffs to prove below-cost pricing when the mechanism of exclusion is a discount.

Andrew Longstreth (Reuters News & Insight)




As Mergers Decline, Antitrust Enforcement Climbs

The FTC brought more enforcement actions to stop anti-competitive deals, objecting to 25 mergers, compared to 17 in 2011, a 47 percent increase.

Jenna Greene (The BLT)




Individual Liability for Cartel Infringements in the EU: An Increasingly Dangerous Minefield

US and EU antitrust law – antipodes as far as individual liability is concerned?

Marco Slotboom (Kluwer Competition Law Blog)




Does the UK’s New Cartel Offence Contain a Devastating Flaw?

On its face, this defence allows cartelists to escape a criminal conviction where they have contacted their lawyers and informed them of their future plans to cartelise.

Peter Whelan (Competition Policy Blog)




Doctor-owned Hospitals

Let’s see, reorganizing so you are allowed to expand decreases competition? You just can’t make this stuff up.

John Cochrane (The Grumpy Economist)





Competition Law as a complement to Intellectual Property Law?

It can be argued that they do – in combination – represent a shift in the balance of competition policy in the direction of limiting the ability of licensors to exploit invalid IP rights or to prevent such rights from being challenged in the Courts.

Amelia Fletcher (Competition Policy Blog)




Patent Settlements and Rules of Inference

The formulation of new theories of harm should be based on empiricism, not on guesswork.

Nicolas Petit (Chillin’ Competition)




Don’t Turn Out the Lights

The problem is, what counts as “inextricably linked?”

Adam Miller (Lexology)





Policy shift on antitrust plea deals could bring new challenges

While the U.S. Department of Justice’s new policy on not naming individuals in corporate plea agreements in antitrust matters has won praise from the defense bar, some lawyers say it remains unclear how the shift will play out in practice.

Andrew Longstreth (Reuters)




Justice Sotomayor Takes Swing At Famed Baseball Case

But sometimes, she said, the question is not whether the decision was wrong, but whether this is the right time to overrule it.

Nina Totenberg (NPR)






Back to top