Author: Kevin Coates

The Auto Parts Antitrust Case: Is This What Success Looks Like?

Commentary Elsewhere: from writers around the web. Please note the explanation of this section on the “About the Site” page. From AntitrustConnect Blog: The Auto Parts Antitrust Case: Is This What Success Looks Like? “Compliance Strategists Compliance Strategists Wow, what a success! The Antitrust Division recently announced that its investigations in the auto parts market uncovered “separate conspiracies to fix the prices of more than 30 different products sold to US car manufacturers ….” [1] This … Continue reading → • Leave a comment on The Auto Parts Antitrust Case: Is This What Success Looks Like? “

The virtues, or not, of Law Review articles

“There are two things wrong with almost all legal writing. One is its style. The other is its content.” This quote and the law review article it comes from (entitled “Goodbye to Law Reviews“) is new to me. I came across it via Edward Tufte whose superb books and website are also, for different reasons, well worth a read. Most – all? – of these brilliant criticisms from 1936 remain true today. Though I don’t think the problem is, as the New York Times argues, that US law reviews are student run, and I think the article misses a criticism that many scholarly law articles are simply too long and, in an attempt to be comprehensive, stray too far from the core […]

ROUNDTABLE ON EX OFFICIO CARTEL INVESTIGATIONS AND THE USE OF SCREENS

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: ROUNDTABLE ON EX OFFICIO CARTEL INVESTIGATIONS AND THE USE OF SCREENS “Rosa Abrantes Metz (Global Economics Group) has written on ROUNDTABLE ON EX OFFICIO CARTEL INVESTIGATIONS AND THE USE OF SCREENS for the OECD.”

The Estoppel Abuse

Several recent Commission cases and Court judgments suggest a new way of looking at some abuse cases – as a form of estoppel. The Court of Justice’s preliminary ruling in Telia Sonera, holding that a margin squeeze can be abusive even absent a duty to supply, has come in for some heavy criticism. If there is no antitrust obligation to supply, critics argue, how can the terms of supply be abusive? Telia Sonera contrasts markedly with the position of the US Supreme Court in LinkLine (PDF) which holds that margin squeeze is not a self standing abuse under the Sherman Act, though the minority opinion of Breyer does leave open the possibility that a margin squeeze might be unlawful if […]