The Sherman Act is Unconstitutional as a Criminal Statute: (Part 1)
…compel a “fresh look” at accepted wisdom. It is time for that fresh look. The changed circumstance that comes to mind is that the Sherman Act is no longer a…
…compel a “fresh look” at accepted wisdom. It is time for that fresh look. The changed circumstance that comes to mind is that the Sherman Act is no longer a…
…caution should be exercised in light of Altice. Exchange of competitively sensitive information. Such information must not be exchanged between competitors before closing outside of clean team structures. Examples of…
…argument relates to the well-documented difficulties of crafting an administrable legal test, which would enable competition authorities to determine whether prices are indeed “excessive.” Moreover, assuming such a test could…
…be relevant for the Commission’s merger assessment and should therefore not have to be disclosed. Another example relates to company documents reflecting legal advice from external counsel. According to the…
…the E-Commerce Report does not take firm positions on practices believed to infringe the competition rules, but highlights certain practices for discussion: Bundling digital content rights. The E-Commerce Report notes…
…Mosso, Deputy Director-General for mergers, DG COMP; Justus Haucap, Director of the Institute for Competition Economics; and Cristina Caffarra, Vice President, Head of European Competition Practice. The “State Aid and…
…jurisdiction was reversible error based on the insistence by the Ministry of Commerce of the People’s Republic of China that the cartel was compelled by Chinese law. The deadline for…
…behind a computer program” (here). Is there really a threat to competition? Competition authorities have already issued infringement decisions regarding the use of pricing algorithms, suggesting that the current competition…
…blog Cartel Capers, has been cited by the Seventh Circuit and was named an ABA Top 100 Blawg. www.cartelcaper.com. [2] Masayuki Atsumi is a competition lawyer with a broad range…
…He publishes a blog Cartel Capers, which covers cartels competition and compliance. www.cartelcaper.com. 2. Masuki Atsumi is a cartel lawyer with a broad range of experience admitted to practice both…