A PYMNTS Company

November Blog o’ Blogs

 |  November 22, 2011







Our collection this month starts in Europe, with articles on Ireland, an ECJ decision, a Finnish view on merger analysis, and the brilliant combination of an English pub, soccer, and antitrust. We move on to a variety of network-oriented articles that challenge, respectively, the New York Times, the FCC, and the ability of responsible authorities to maintain boundaries. After a brief report of the testimony given by two FTC Commissioners, we revisit Wal-Mart v. Dukes, listen to a disillusioned rural voice, and go outside the box with a discussion of libertarianism and antitrust. We end with a message from our favorite-at least this time of the year-bird.

Will IMF Requirement that Ireland Strengthen Competition Law Sanctions Actually Make a Difference?
The IMF requirement leaves one wondering whether any serious consideration was given to the country in question, or whether such requirements are part and parcel of a standard recovery plan template.
 Andreas Stephan (UEA Competition Policy Blog)
European Court of Justice Annuls Antitrust Fines Due to a Breach of Essential Procedural Requirements
In its judgment, the ECJ made some surprisingly clear and interesting statements.
Till Patrik Holterhus (Berkeley Global Antitrust Blog)
Status Quo of Structural Assumption in Merger Control
Are the days of traditional structural assumption really over and, if so, to what extent?
Mika Oinonen, Finnish Comp. Auth. (Kluwer Competition Law)
Little, Large, and Not Proven
The big story for British sports fans has been the recent ruling by the Court of Justice of the European Union in the FA Premier League / Karen Murphy case.
Max Findlay (Kluwer Competition Law)
Debunking the New York Times Editorial on Wireless Competition
If only there was no such thing as spectrum exhaust, the social costs of excluding AT&T and Verizon from the next auction would be trivial.
Hal Singer (Truth on the Market)
The FCC and its ‘Net Neutrality’ Debacle
The FCC mistakes natural market processes for planned structure, imposing new rules to “protect” what evolved without it.
Thomas Hazlett (Washington Examiner)
FCC Regulation Versus Antitrust: How Net Neutrality is Defining the Boundaries
The contest that will have the most sweeping ramifications for the future of the internet is the turf war being waged between the FCC on the one hand and the Federal Trade Commission and the Department of Justice, on the other.
Babette Boliek (Pepperdine Law)
Senators Quiz FTC Nominees in Friendly Hearing
Leibowitz also called Section Five “a modest penumbra around the antitrust statute.”
Jenna Greene (Blog of Legal Times )
Speak Your Piece, Where Are Our Friends?
When the new administration came to town in 2009, they promised renewed enforcement of antitrust rules in the agriculture industry.
Fred Stokes (Daily Yonder)
Duking it Out With Wal-Mart
The hope is that Wal-Mart will be treated “only” as a procedural class action case.
Michael Zimmer (Concurring Opinions)
Abolish Antitrust Law and the Real Monopoly: The State
The monopolies that do exist all flow from the state itself.
Stephan Kinsella (Libertarianism)