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Blog o’ Blogs April 2015

 |  April 17, 2015
April 2015, Volume 5, Number 4
It may seem like it’s all Google this month, with the U.S. and EU going in opposite directions, but there’s also a lot of good advice on how to both stay out of trouble and save money (or keep from losing it).
The FTC’s decision not to sue Google isn’t news
There is no reason to believe that politics played an important role in the FTC’s decision not to prosecute Google
Todd Zywicki (The Volokh Conspiracy)
Monopolization and abuse of dominance: Why Europe is different
EU law has moved toward more appreciation of outcome-focused economics while preserving other Community perspectives, values, and objectives.
Eleanor Fox (CPI)
In E.U. antitrust suit, Google is up against a “tough cookie”
In her native Denmark, she’s known as Queen Margrethe III.
Todd Frankel (Washington Post)
Mutual Funds’ Dark Side
Why airlines and other industries keep prices too high.
Eric Posner & E. Glen Weyl (Slate)
Antitrust Snoops on the Loose

It is time for courts to start questioning requests for monitors under the Sherman Act. 

Keith Hylton (WSJ Opinion)

Contingent Commissions and the Antitrust Laws
Reviewing what  broader applicability the Third Circuit’s decision [in In re Insurance Brokerage Antitrust Litigation] may have in other industries where intermediaries play an important role in matching sellers and buyers.
William Kolasky & Kathryn McNeece (Bloomberg BNA)
An Important Case in Brazil on Individual Participation in a Cartel
In a nutshell, the message from the Court to CADE was that there is no per se rule in Brazil.
Mauro Grinberg (Cartel Capers)
The one about bananas and credit cards: exchanges of information as restrictions by object
It seems clear to me that determining whether an agreement is restrictive by object has little to do with setting a presumption about its likely impact on competition.
Pablo Ibanez Colomo (Chillin’ Competition)
European Commission’s Damages Litigation Illustrates Challenges in Domestic Regimes Pre-Implementation of the Damages Directive
The case illustrates the difficulties which claimants can encounter in pursuing damages for infringements dating back many years and without the benefit of historic data records.
Anthony Maton (AntitrustConnect Blog)
Power shopping for an alternative buyer
Even the most financially challenged firm must do more than window shop the assets.
Debbie Feinstein & Alexis Gilman (FTC Competition Matters)
United Kingdom: Competition Appeals—Speak Now or Forever Hold Your Peace?
This outcome is perhaps undeniably harsh upon the individual parties concerned: they are left with having paid substantial fines for infringements that the OFT conceded were unsupported by evidence.
Matthew O’Regan (Kluwer Competition Law Blog)
Do Not Remove—Under Penalty of Law
It may seem that a company with an office in the United States but headquarters overseas, might have little to lose by destroying overseas documents. But, this is clearly not the case.
Robert Connolly (Cartel Capers)
Antitrust Protections Hardly Provide a ‘Road Map’ for Merger Challenges, Regulators Say
It’s a myth that regulators rely on covenants allocating antitrust risk to guide merger investigations.
William McConnell (The Street)
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