Winter 2013, Volume 12, Number 2

We certainly experienced interesting times in 2013. Before the year fades away in the anticipation of even more excitement to come, we once again present a baker’s dozen of some of our best articles from 2013, chosen not only for their popularity but also for their variety. And we certainly want to take this opportunity […]

Howard Chang, David Evans, Vanessa Yanhua Zhang, Dec 30, 2013 In one of the most significant antitrust decisions since China implemented the Anti-Monopoly Law in 2008, the Guangdong High People’s Court dismissed claims on anticompetitive bundling and exclusionary practice brought by Qihoo 360 against Tencent. The Guangdong High Court issued an 80-page decision that provided a […]

Rosa Abrantes-Metz, Dec 30, 2013 Credit Rating Agencies were at the center of the recent financial crisis, with some critics going so far as to blame them for the crisis itself. A number of proposals have been made to reign in the CRAs and recently we have seen the creation of a new CRA in Europe, […]

Alfonso Lamadrid, Dec 30, 2013 Economic policies have traditionally been characterized or labeled pursuant to the simplistic, and hence popular, summa divisio between right and left. Discussions about the economy in many nations worldwide continue to be greatly influenced by dogmatic principles disconnected from objective analyses. Left wing political actors generally tend to favor all-left approaches, and […]

R. Ian McEwin, Dec 30, 2013 All countries in Southeast Asia are hierarchical and authoritarian to some degree, which has implications for competition. All countries are marked by considerable inequalities in status, wealth, and education. With the exception of Singapore, corruption and cronyism are widespread. Big business in Southeast Asia is mainly dominated by ethnic […]

Thomas Dillickrath, David Emanuelson, Dec 30, 2013 The right to seek injunctive relief is one of the bulwarks of U.S. law. The right to petition the government to redress grievances is fundamental to the legal system, and is expressly protected by the First Amendment to the U.S. Constitution (Congress shall make no law restricting “the […]

Christopher Brown, Scott Campbell, Dec 30, 2013 In April 2012, the U.K. Government launched a consultation on possible reform of the U.K. regime for private redress in respect of breaches of competition law. The consultation, which could be seen both as a belated response by the Government to the recommendations on private redress made to it […]

Roy Hoffinger, Dec 30, 2013 After 30 years practicing antitrust law, 18 as in-house counsel, I think I can say that I have a fairly decent grasp of antitrust law-or at least what is known about antitrust law (more on that later). But in no way do I believe that my growth as an antitrust […]

Andreas Bardong, Dec 30, 2013 The mantra of international merger control has been cooperation, convergence, and comity. Within the European Union, coherence is another widely accepted objective. Taking stock of the situation in the European Union the results are very positive: The level of coherence between the practices of the EU Commission and national competition […]

James Langenfeld, Dec 30, 2013 Patent settlement agreements that involve payments from brand-name drug manufacturers to generic drug manufacturers (so called “reverse payments” or “pay for delay”) have been hotly contested in the courts. Last year, two U.S. Courts of Appeals reached opposite verdicts regarding the legality of “reverse payment” agreements. In April 2012, in FTC […]

Jonathan Kanter, Dec 30, 2013 These days, it is difficult to identify an antitrust issue that is generating more discussion than standard-essential patents. To some, SEPs are to antitrust what Breaking Bad is to television: a complex and important subject worthy of discussion. To others, SEPs are to antitrust what Miley Cyrus is to pop culture: a […]

Thomas Lambert, Michael Sykuta, Dec 30, 2013 The battle over the proper legal treatment of minimum resale price maintenance continues to rage in the United States. Despite the U.S. Supreme Court’s 2007Leegin decision abrogating the rule of per se illegality for purposes of federal antitrust law, squabbles continue on two fronts. First, states have split on whether minimum RPM […]