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Winter 2011, Volume 1, Number 1

JAN-11(1)
 |  Dec 22, 2015

In this issue: Following our usual custom, we’re presenting some of the most popular articles we published in 2010, reminding us of the varied global and critical issues that competition…

Joint Ventures and the Sherman Act: The Problem Revealed by American Needle and How Best to Address It
 |  Jan 12, 2011

Thomas Brown, Katherine Robison, Ian Simmons, Jan 07, 2011 The transcript of the oral argument in this year’s most watched antitrust case, American Needle v. National Football League, captures a…

When Does a Joint Venture Act as a Single Economic Entity?
 |  Jan 12, 2011

Gregory Werden, Jan 07, 2011 The “Sherman Act contains a ‘basic distinction between concerted and independent action.’”  The concerted action of several competing firms could be unlawful under Section 1…

Vertical Agreements: New Competition Rules for the Next Decade
 |  Jan 7, 2011

Magdalena Brenning-Louko, Andrei Gurin, Luc Peeperkorn, Katja Viertiö, Jan 06, 2011 On 20 April 2010 the Commission adopted a new Block Exemption Regulation applicable to vertical agreements (hereinafter “the Regulation”).…

Behavioral Economics as Applied to Firms: A Primer
 |  Jan 7, 2011

Mark Armstrong, Steffen Huck, Jan 07, 2011 We discuss the literatures on behavioral economics, bounded rationality, and experimental economics as they apply to firm behavior in markets. Topics discussed include…

A Civil Conflict: Can the States Overturn Leegin?
 |  Jan 7, 2011

Leiv Blad, Bryan Killian, Jan 07, 2011 Overturning a 96-year-old rule, the United States Supreme Court held in Leegin that minimum resale price maintenance (“RPM”) agreements would no longer be…

Upward Pricing Pressure and Critical Loss Analysis: Response
 |  Jan 7, 2011

Joseph Farrell, Carl Shapiro, Jan 07, 2011 As members of the Department of Justice  and Federal Trace Commission working group that is reviewing the Horizontal Merger Guidelines, we thank Competition…

U.S. Discovery of European Union and U.S. Leniency Applications and Other Confidential Investigatory Materials
 |  Jan 7, 2011

Samuel Miller, Kristina Nordlander, James Owens, Jan 07, 2011 An issue of growing importance in global competition law is the risk that materials produced pursuant to one foreign sovereign’s confidential…

Best Practices in Article 101 and 102 Proceedings: Some Suggestions for Improved Transparency
 |  Jan 7, 2011

Marcus Glader, Jan 07, 2011 DG Competition has recently published three draft guidance papers setting out best practices for antitrust proceedings. The aim is to enhance transparency and predictability in…

The EC Commission’s Review of the EU Competition Rules on Horizontal Agreements
 |  Jan 7, 2011

Paul Lugard, Jan 07, 2011 It is no wonder that the revisions of the block exemption regulations for research and development agreements and specialization agreements, as well as the changes…

A Review of the Competition Law Implications of the Treaty on the Functioning of the European Union
 |  Jan 7, 2011

Norman Neyrinck, Nicolas Petit, Jan 07, 2011 Most competition lawyers tend to view the entry into force of the Treaty on the Functioning of the European Union (“TFEU”), which followed…

How Many Markets are Two-Sided?
 |  Jan 7, 2011

Lapo Filistrucchi, Jan 07, 2011 There is a lot of talk nowadays, among competition policy practitioners, about two-sided markets and two-sided platforms. It is indeed one of the hot topics.…

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