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November 2013 Blog o’ Blogs

By  |  November 20, 2013

November 2013, Volume 3, Number 11

 

As we approach Thanksgiving here in the U.S., we note some blog subjects who have something to be thankful for: American Airlines leads the list, but there’s also Google and British energy consumers. However, on the not-so-grateful side there are patent trolls, the disabled in Wales, German conservationists, and admirers of the French Blocking Statute. We also take a look at estoppel, evidence assessment, and some recent Canadian decisions that could have a strong extraterritorial impact.

 

An Unwise Airline Merger

In agreeing to the merger, the department seems to have forgotten the crucial arguments it made in its suit.

Editorial Board (NY Times)

 

A Rare Victory for Competitive Markets

The episode is a useful one-it deflates (as if further deflation were necessary) any pretense that antitrust is a clinical and apolitical enterprise.

Editors (Wall Street Journal)

 

Siding With Google, Judge Says Book Search Does Not Infringe Copyright

Google’s book search is transformative, he wrote, because “words in books are being used in a way they have not been used before.”

Claire Cain Miller & Julie Bosman (NY Times)

 

Sad but true

To the Commission, article 9 decisions sound like Hetfield’s epic lyrics: “I’m your truth, telling lies; I’m your reason alibis.”

Nicolas Petit (Chillin’ Competition)

 

Hill Panel Grills Antitrust Leaders

Could we maybe get the FTC to take a little more aggressive approach to protecting consumers in this area [patent trolls]?

Jenna Greene (The BLT)

 

The Estoppel Abuse

If there is no antitrust obligation to supply, critics argue, how can the terms of supply be abusive?

Kevin Coates (21st Century Competition)

 

Not Playing Nicely

The second example of bad behaviour comes from the European Commission and EU General Court, who together have achieved the remarkable goal of making even fans of the European project wonder what on earth is the point of the EU. 

Max Findlay (AntitrustConnect Blog)

 

Curtains for the French Blocking Statute?

The Court of Appeal’s judgment may mark the end of the French Blocking Statute’s career in England and Wales. 

Tom Richards (Competition Bulletin)

 

A Simple Way to Boost Competition in the Energy Market

A long term view of how to make the energy market more competitive for consumers has been drowned out by political point scoring.

Andreas Stephan (Competition Policy blog)

 

Canadian Supreme Court: No such thing as passing on defence

The Court also went on to hold that, notwithstanding its rejection of the passing-on defence, indirect purchasers are still entitled to bring claims.

Tristan Jones (Competition Bulletin)

 

 

Random Thoughts

[For] EU Courts and the Commission..whereas the principle of “joint assessment of evidence” is consolidated and very much followed when it comes to assessing the evidentiary value of incriminatory items, the same cannot be said about exculpatory ones.

Alfonso Lamadrid (Chillin’ Competition)