Inerchange fees

The MasterCard case (MasterCard UK Members Forum Limited) in the UK resulted in quite a turmoil. Recently the European Commission targeted VISA MIF.

Vitor Bento in an article at GCP highlights an important issue of the debate that might be forgotten sometimes. See: The Drama of Interchange Fees

The Fourth Annual $10,000 Swope Antitrust Writing Prize Announced – Law Students, Judicial Clerks, Young Lawyers Eligible

The competition, which honors former Antitrust Division official and Jones Day partner Bill Swope’s pioneering ability to clarify abstract and complex issues, is open to students currently enrolled in full- or part-time juris doctorate or more advance degree programs at U.S. law schools accredited by AALS and non-U.S. schools of equivalent standing. Current judicial clerks who have graduated from such programs and practicing lawyers who graduated from such degree programs in May 2003 or later are also invited to participate.

One $10,000 prize and two $1,500 honorable mention prizes will be awarded. Winners will attend the 2009 Spring Meeting of the American Bar Association Antitrust Section in Washington as guests of Jones Day and be guests of honor at a Firm reception. See more.

Recently on Global Competition Policy(GCP) – Google/DoubleClick, Critical Loss Analysis, etc.

Recently published on Global Competition Policy.

Commentary on the Google/DoubleClick Clearance

Competitor Complaints About Google/DoubleClick Rejected Leah Brannon (Cleary Gottlieb) Both the Commission and the FTC conducted extraordinarily thorough reviews, investigating various complaints ranging from the economically unsound to the truly bizarre. Market Definition, Competition, and Privacy in the Google/DoubleClick Transaction Mark Seidman & Christine Naglieri (Federal Trade Commission) The authors discuss two of the key issues: market definition in the online advertising industry; and the interplay of competition and privacy concerns. Lifting the Fog: Google/DoubleClick Demystified Peter Thomas (Simpson Thacher & Bartlett) Google and DoubleClick are at best potential competitors in each other’s markets, and these markets are already robustly competitive and becoming more so each day. Google/DoubleClick and the Power of Information to Raise Antitrust Concerns in Vertical Mergers David Went & Stephen Kinsella (Sidley Austin) The Google/DoubleClick transaction highlights how antitrust concerns in vertical mergers can arise from access to information and the market power that information can confer.

 

Critical Loss Analysis in Merger Review

Critical Loss Analysis in the Whole Foods Case Kevin Murphy & Robert Topel (University of Chicago Graduate School of Business) The critical loss analysis used by Whole Foods’ economist is not useful as a general matter and cannot be used as a tool of market definition. Beyond Critical Loss: Properly Applying the Hypothetical Monopolist Test Gregory Werden (U.S. Department of Justice) While there has rarely been dispute regarding whether to apply the HMT, what is disputed–both in the courtroom and in the commentary–is the utility of a particular way of applying the HMT.

 

Reaction to the Intel Antitrust Allegations

AMD v. Intel: An Assault on Price Competition Robert Cooper (Gibson Dunn) Accepting the notion that aggressively discounting prices might expose a company to a possible violation of the antitrust laws would chill the very price competition antitrust laws are meant to promote. State of New York Launches Investigation of Intel: The Global Drumbeat Continues Thomas McCoy (Advanced Micro Devices) The Attorney General’s move comes as no surprise to close observers of the worldwide scrutiny of Intel’s anticompetitive actions.

 

The Federal Court of Appeal’s Decision in Labatt

 

The Canadian Competition Bureau’s Attempt to Halt Beer Merger Goes Flat Mark Katz (Davies Ward) The FCA’s decision confirms that the threshold for relief under section 100 is more onerous than many in the Canadian competition bar had thought.

STOP CARTEL

I recently received an entry in my Hungarian blog by the President of STOP CARTEL, Dr. George Cosmopoulos. Most news are about Greece yet, but I am curious how this interesting project will develop. The attitude is very harsh, but cartels are not funny things either.

The site has an antitrust TV, that currently broadcasts/podcasts/webcasts the documentary Fair Fight in the Marketplace. I think the movie is a really good documentary and explains basic problems with some typical competition law infringements.

The page has some entries, calling antitrust infringements crimes. Well I could agree with calling cartels a crime, but I think one should take a more sophisticated approach to abuse cases. They are not as clear cut as price fixing cartels.

Nevertheless the project is more than welcome. It just came to my mind that sometimes “Greenpeace like organisations” are needed to draw attention on practices that damage the society.

CLaSF Workshop in Glasgow – www.clasf.org

The 11th CLaSF Workshop

Thursday 10 April 2008, Strathclyde University,Lord Hope Building, Glasgow.

If you are interested in attending please contact Prof Barry Rodger <vicechair@clasf.org>. If attending, please let Prof Rodger know if you will be staying on for the post workshop drinks and dinner.

Programme

09:00 – 09:25 Registration, Coffee and Pastries.

09:25 – 09:30 Introduction

9:30 – 11:30
Competition of Competition Law Systems: The Paradigm of Private Enforcement
Dr Assimakis P Komninos, White & Case, Brussels

The Quantification of Damages Claims in National Courts: recent developments
Dr Paolisa Nebbia, University of Leicester

Private Enforcement – What About Article 82?
Miss Hedvig K.S Schmidt, Law School, Southampton University

11:30 – 11:45 Coffee

11:45 – 13:00
Carrots and Sticks – Leniency, Fines and Settlement in EC Cartel Cases
Declan Walsh, Faculty of Law, UCC, Cork

Cartel Direct Settlements: A Blind Alley for DG Comp
Prof Alan Riley, City Law School, The City University London

13:00 – 14:00 Lunch

14:00 – 15:15
Lame Duck or Black Mamba: Can the Cartel Offence enhance deterrence?
Andreas Stephan, CCP and Norwich Law School, UEA

The Increasing Personalisation of Competition Enforcement
Paul Hughes, University of Westminster, London

15:15 – 15:30 Afternoon Tea

15:30 – 17:15
A Critical Assessment of the ECMR Reform
Ioannis Kokkoris and Krisztian Katona

Intellectual Property and Competition Law: Will Reforming Article 82 be enough?
Daryl Lim Tze Wei, Max Planck Institute

Hungarian Competition Policy as a Model-Child
Dr Szilagyi Pal, Competition Law Research Centre, Hungary

17:15 – 17:30 Final Comments and Close, followed by post-workshop drinks and dinner.