Sophie Lawrance of Bristows has written a post on the US Department of Justice investigation into high frequency trading, a practice most recently brought into public view by Michael Lewis’s book Flash Boys. In addition to saying nice things about this blog, Sophie drew my attention to the US Ninth Circuit Allied Orthopedic case which, although it came out a few months before my publication deadline for Competition Law and Regulation of Technology Markets, I’m afraid I missed at the time. A Per Se Test for Legality It’s an interesting case: the Ninth Circuit applied a per se legality test to issues of product redesign, an approach which was roundly – and rightly – criticised in this article by some […]
Alfonso Lamadrid on Chillin Competition, commented earlier today on an interesting paper by Javier Berasategi bringing together issues of competition law, supermarkets and technology. In passing he noted that I’d already brought groceries and tech together with my “exploding banana hypothesis.” I’m grateful to him for highlighting my valuable contribution to the jurisprudence on perishable fruit and cross border trade. For the curious, here are the relevant paragraphs from my book on competition law and regulation of technology markets: 7.07 Are there circumstances where product design can achieve what would otherwise be unlawful under the competition rules? 7.08 For example, EU competition law prohibits many vertical restraints that restrict parallel trade. In the United Brands case the Commission, in a decision upheld […]