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Showing archive for:  “Unilateral Conduct”

Fourth Annual Heritage Foundation Antitrust Conference: A Quick Summary

On January 23rd, the Heritage Foundation convened its Fourth Annual Antitrust Conference, “Trump Antitrust Policy after One Year.”  The entire Conference can be viewed online (here).  The Conference featured a keynote speech, followed by three separate panels that addressed  developments at the Federal Trade Commission (FTC), at the Justice Department’s Antitrust Division (DOJ), and in ... Fourth Annual Heritage Foundation Antitrust Conference: A Quick Summary

Single Firm Conduct: European Competition Policy, the European Court of Justice, and Brexit

In recent years, the European Union’s (EU) administrative body, the European Commission (EC), increasingly has applied European competition law in a manner that undermines free market dynamics.  In particular, its approach to “dominant” firm conduct disincentivizes highly successful companies from introducing product and service innovations that enhance consumer welfare and benefit the economy – merely ... Single Firm Conduct: European Competition Policy, the European Court of Justice, and Brexit

A few thoughts on the European Commission decision against Google

Regardless of the merits and soundness (or lack thereof) of this week’s European Commission Decision in the Google Shopping case — one cannot assess this until we have the text of the decision — two comments really struck me during the press conference. First, it was said that Google’s conduct had essentially reduced innovation. If ... A few thoughts on the European Commission decision against Google

The Present State and Future Prospects of the International Competition Network (ICN)

Introduction The International Competition Network (ICN), a “virtual” organization comprised of most of the world’s competition (antitrust) agencies and expert non-governmental advisors (NGAs), held its Sixteenth Annual Conference in Porto, Portugal from May 10-12. (I attended this Conference as an NGA.) Now that the ICN has turned “sweet sixteen,” a stocktaking is appropriate. The ICN ... The Present State and Future Prospects of the International Competition Network (ICN)

Competition Policy for a New Administration

As Truth on the Market readers prepare to enjoy their Thanksgiving dinners, let me offer some (hopefully palatable) “food for thought” on a competition policy for the new Trump Administration.  In referring to competition policy, I refer not just to lawsuits directed against private anticompetitive conduct, but more broadly to efforts aimed at curbing government ... Competition Policy for a New Administration

Global Antitrust Institute Propounds Recommendations for Reform of Japan’s Administrative Surcharge System

On August 6, the Global Antitrust Institute (the GAI, a division of the Antonin Scalia Law School at George Mason University) submitted a filing (GAI filing or filing) in response to the Japan Fair Trade Commission’s (JFTC’s) consultation on reforms to the Japanese system of administrative surcharges assessed for competition law violations (see here for ... Global Antitrust Institute Propounds Recommendations for Reform of Japan’s Administrative Surcharge System

Global Antitrust Institute Comments on Chinese Draft Antitrust Guidelines Regarding Disgorgement and Fines Have Broader Implications for Sound Antitrust Enforcement Policy

The Global Antitrust Institute (GAI) at George Mason University Law School (officially the “Antonin Scalia Law School at George Mason University” as of July 1st) is doing an outstanding job at providing sound law and economics-centered advice to foreign governments regarding their proposed antitrust laws and guidelines. The GAI’s latest inspired filing, released on July ... Global Antitrust Institute Comments on Chinese Draft Antitrust Guidelines Regarding Disgorgement and Fines Have Broader Implications for Sound Antitrust Enforcement Policy

Reflections on the International Competition Network (ICN) at 15: Steady Progress and Major Long-Term Challenges

Introduction In my role as a “non-governmental advisor” (NGA), I was privileged to attend and participate actively in the 15th Annual ICN Conference, held in Singapore from April 26-29.  (I have blogged previously on ICN annual conferences and policy initiatives, see here, here, and here.)  As a virtual network of national competition law agencies (“national ... Reflections on the International Competition Network (ICN) at 15: Steady Progress and Major Long-Term Challenges

Voting Now Open for 2016 Concurrences Writing Awards

I urge Truth on the Market readers to signal their preferences and help select the 2016 antitrust writing awards bestowed by the prestigious competition law and policy journal, Concurrences.  (See here for the 2015 winners.) Readers and a Steering Committee vote for their favorite articles among those nominated, which results in a short list of ... Voting Now Open for 2016 Concurrences Writing Awards

Chinese Competition Law Reform: Wise Guidance from the George Mason University Global Antitrust Institute

China’s Anti-Monopoly Law (AML) was enacted in 2007, and a stock-taking exercise is now appropriate.  Recently, the Chinese University of Political Science and Law released a questionnaire soliciting public comments on the possible revision of the AML.  On December 10, 2015, George Mason University Law School’s (GMULS) Global Antitrust Institute (GAI, ably managed by FTC ... Chinese Competition Law Reform: Wise Guidance from the George Mason University Global Antitrust Institute

Ignoring Decision Theory, the European Commission Continues to Waste Competition Enforcement Resources on Investigations of (Almost Certainly) Efficient Conduct

This blurb published yesterday by Competition Policy International nicely illustrates the problem with the growing focus on unilateral conduct investigations by the European Commission (EC) and other leading competition agencies: “EU: Qualcomm to face antitrust complaint on predatory pricing Dec 03, 2015 The European Union is preparing an antitrust complaint against Qualcomm Inc. over suspected ... Ignoring Decision Theory, the European Commission Continues to Waste Competition Enforcement Resources on Investigations of (Almost Certainly) Efficient Conduct

The 2nd Circuit’s Apple e-books decision: Debating the merits and the meaning

On Thursday I will be participating in an ABA panel discussion on the Apple e-books case, along with Mark Ryan (former DOJ attorney) and Fiona Scott-Morton (former DOJ economist), both of whom were key members of the DOJ team that brought the case. Details are below. Judging from the prep call, it should be a ... The 2nd Circuit’s Apple e-books decision: Debating the merits and the meaning