We’re presenting two mini symposia this month. The first begins a discussion of the extraordinary costs of antitrust litigation—is antitrust becoming a luxury no one can afford? This collection discusses two key issues—who’s to blame (if anyone) and what we can do about reducing costs. The second symposium looks at some recent global cases from […]

Howard Chang, David Evans, Vanessa Yanhua Zhang, May 14, 2013 In one of the most significant antitrust decisions since China implemented the Anti-Monopoly Law (“AML”) in 2008, the Guangdong High People’s Court (“Guangdong High Court”) dismissed claims on anticompetitive bundling and exclusionary practice brought by Qihoo 360 against Tencent. The Guangdong High Court issued an 80-page […]

 J. Hardy Ehlers, James Bo Pearl, May 13, 2013 Litigating an antitrust case has always been a costly endeavor for all parties involved. Just in the last 30 years, sprawling cases such as Microsoft, Intel,and price-fixing cases involving LCDs, vitamins, and memory have chewed up hundreds of millions of dollars in fees and expert costs. […]

Robert Corp, Chul Pak, May 14, 2013 Defending private antitrust litigation can be a pricey undertaking, the result of several factors. The nature of the allegations often prompts courts to allow plaintiffs to engage in broad discovery that can cost a company millions and, given the typically high-stakes nature of antitrust matters, the defending companies […]

Michael Eisenkraft, J. Douglas Richards, May 14, 2013 As detailed in a recent popular book by Jacob Hacker & Paul Pierson, recent decades have brought to America a well-orchestrated political campaign to favor the economic interests of large corporations over those victimized by torts and other wrongful corporate acts. Hallmarks of that campaign have included propagandistic […]

Laura Atlee, May 14, 2013 Back in 2007 the European Commission (“EC”) initiated proceedings against a number of companies involved in the banana market alleging that they had been involved in a cartel. The proceedings took the normal course: Statement of Objections (“SO”) decision, then appeal to the General Court. With the whole process taking […]

Patrick Harrison, May 14, 2013 The Court of Justice’s March 2013 judgment in Allianz Hungária may constitute the single most significant development in EU competition law since the 2004 Modernization reforms. It blows apart the age-old distinction between, on the one hand, restrictions of competition “by object” (where effects on competition do not need to be […]