Month: February 2014

Why the FTC’s McWane Opinions Raise More Questions Than They Answer (Kluwer Antitrust Connect Blog)

Schiff Hardin LLP

The Federal Trade Commission is meant to be, and is, an expert body on antitrust laws. So, when a case like McWane—that raises both collusion and exclusion issues—is in front of the FTC, it seems reasonable to expect to receive guidance …read more

Abuse of dominance: no commercial gain, no abuse? (Competition Bulletin from Blackstone Chambers)

Is it necessary for there to be some commercial benefit to be gained by a dominant undertaking from its conduct before that conduct can be condemned as abusive?

No, says Mrs Justice Rose in Arriva the Shires Ltd v London Luton Airport Operations Ltd [2014] EWHC 64 (Ch).

The …read more

St Gallen International Competition Law Forum IFC (Australian Competition Law and Policy Discussion)

St.Gallen International Competition Law Forum ICF – May 15th and 16th 2014
The 21st St.Gallen International Competition Law Forum ICF will be held on May 15th and 16th 2014. Once more, it will feature a thrilling selection of hot topics in current competition law issues and some of the most distinguished …read more

Bork and Microsoft: Why Bork Was Right and What We Learn About Judging Exclusionary Behavior

Commentary Elsewhere: from writers around the web. Please note the explanation of this section on the “About the Site” page. From Antitrust & Competition Policy Blog: Bork and Microsoft: Why Bork Was Right and What We Learn About Judging Exclusionary Behavior “Harry First (NYU) explains Bork and Microsoft: Why Bork Was Right and What We Learn About Judging Exclusionary Behavior. ABSTRACT:In 1998, twenty years after publishing The Antitrust Paradox, Robert Bork wrote: “The antitrust case brought by the Department of Justice…”