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October 2013 Blog o’ Blogs

 |  October 24, 2013


October 2013, Volume 3, Number 10
We’re excited to welcome a new competition blog this month! Kevin Coates has started 21st Century Competition; we’ve compiled a selection of his recent posts below. The rest of our collection is indeed a motley assortment, with tech and SEPs front and center, while confidentiality, parental liability, price-fixing, exclusionary conduct, and market definition provide the balance.
New Competition Blog: 21st Century Competition

Antitrust Fines: How High Can You Go?

Consistency, and Principles That Make No Difference, or how to read a Commission decision

Electronic Searches: Turning Every Page

Playing the Man and not the Ball

by Kevin Coates (21st Century Competition)

Samsung offers commitments to appease DG Comp
The criticism that a solution precluding access to Courts is “irreconciliable with the rule of law” fits somehow oddly with the complaints at the root of all these cases.
Alfonso Lamadrid (Chillin’ Competition)

Appeals Court to Consider Reach of Price-Fixing Laws
Companies almost never take a chance on fighting U.S. price-fixing charges, because they risk very large criminal fines if they’re convicted at trial.
Brent Kendall (Law Blog, WSJ)
Wireless Spectrum: Free Market or Rigged Market?
Two birds, one stone: lower your costs, raise your competitor’s costs.
Geoffrey Manne (Truth on the Market)
Cats, bags, rings and rooms: the problem of confidentiality
But in an appropriate case, a party refusing to consent may be able to confront an opponent with this dilemma: either the cat’s out, or you are.
Tom Richards (Competition Bulletin)
Europe Aims to Regulate the Cloud
The words “cloud computing” never appeared in a 119-page digital privacy regulation introduced in Europe last year. They do now.
Danny Hakim (NY Times)
Commissioner Objects to FTC’s ‘Novel’ Merger Challenge
The FTC “challenges the proposed transaction based upon what must be acknowledged as a novel theory—that is, that the merger will substantially lessen competition in a market that does not today exist.” 
Jenna Greene (The BLT)
A family affair: parental liability for joint ventures
Both the Commission and the CJEU have now made it resoundingly clear that it will difficult for parent companies to escape liability for the conduct of its subsidiaries and joint venture companies.
Jason Pobjoy (Competition Bulletin)
Defining Exclusionary Conduct
But the element common to the two unilateral offenses—“exclusionary conduct”—remains essentially undefined. 
Thom Lambert (Truth on the Market)
U.S. Agency Heads Discuss Antitrust Enforcement Priorities
The chairwoman disagrees with the view held by some, including Commissioner Joshua Wright, that the FTC should avoid getting involved in the contracting practices of SSOs.
Jeffrey May (AntitrustConnect Blog)
Assuming that the whole fuzz around the Google investigation is about tactics seeking to abusively deny search scale to rivals, the remedy to restore competition may not be where the Commission and parties are eyeing.
Nicolas Petit (Chillin’ Competition)
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