Joint Conduct

European Commission: national autonomy is “subordinate” to EU competition rules

The European Commission took the “exceptional step” of intervening in the UK interchange fee litigation because the case raises “important questions” about the “coherence” of national bodies applying EU competition law, the enforcer’s counsel has said.

Visa and MasterCard claims are “fanciful”, retailers tell UK Supreme Court

MasterCard: let us “wield a broad axe” to defend conduct

Lower court conflated facts with law, Visa tells UK Supreme Court

The government always wins: The Tipline for 23 January 2020

Former Supreme Court Justice Potter Stewart would have turned 105 today. His definition of obscenity – “I know it when I see it” – has been passed down through the ages, but it is not to be overshadowed by his dissenting opinion in Citizen Publishing. There, he took issue with the court’s seven-to-one order finding that a joint operating agreement between two Arizona newspapers violated federal antitrust laws. Justice Stewart said the sole consistency he could find in litigation brought under section 7 of the Clayton Act is that “the government always wins.” Congress has since given newspapers antitrust exemptions for joint operating agreements. 

Ninth Circuit seems open to no-poach appeal

A federal appellate court may be sympathetic to reviving the claims of two former LG employees that accused the company of having an illegal no-poach agreement with Samsung.

Pay-for-delay ruling exposes uncertainty in EU law

The Paroxetine judgment in the UK highlights a slew of questions that the EU courts have yet to resolve about patent settlements, and takes issue with the UK competition enforcer’s reasoning on market definitions. Tom Webb scrutinises the ruling

Info exchange is ambiguous, observers from multiple jurisdictions say

The line between permissible information exchange and collusion is not as clear cut as many businesses and trade associations would prefer, lawyers from Europe, North America and Asia have said. Julie Masson at GCR Live Women in Antitrust  


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The Antitrust Review of the Americas 2019

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United States: Cartels

David Higbee, John Cove, Jessica Delbaum, Djordje Petkoski, Ryan Shores, Todd Stenerson and Mark Weiss

Shearman & Sterling LLP

Brazil: Merger Control

Tito Andrade, Maria Eugênia Novis de Oliveira and Marcos Paulo Verissimo

Machado Meyer

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Fernando Carreño and Paloma Alcantra

Von Wobeser y Sierra, SC

Peru: National Institute for the Defence of Free Competition and the Protection of Intellectual Property

Jesús Eloy Espinoza Lozada

Head of the Technical Secretariat of the Commission for the Defence of Free Competition
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State Aid 2018

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Introduction

Jacques Derenne and Dimitris Vallindas

Sheppard Mullin Richter & Hampton

Economics in State Aid

Adina Claici and Elisa Pau

Copenhagen Economics
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