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Eric Barbier de la Serre  (Jones Day)
Unlimited jurisdiction: the end of a misnomer?
September 12, 2011

The past decade has seen a flurry of articles published trying to make sense of the degree of control that the EU Courts exercise on complex economic reasoning. By contrast, much less has been…

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Thomas Graf  (Cleary Gottlieb Steen & Hamilton LLP)
UK Pubs And Greek Decoders – The Implications Of The Premier League Case For The Dissemination Of Digital Content
August 15, 2011

The European Court of Justice is expected to render its judgment in Premier League v QC Leisure in the next few months. At the heart of the case, lies the question whether licensing of intangible…

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Max Findlay  (Max Findlay Associates, United Kingdom)
Chaos theory
July 17, 2011

Naturally, we all want change to be orderly. This is particularly true when something goes wrong and someone official has to come in and sort it out. Take, for instance, the heat stabilisers cartel…

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Stefano Grassani  (Pavia e Ansaldo Law Firm)
Price discrimination and exclusionary abuses of dominance: A call for effects-based enforcement
June 15, 2011

It is often said, with good statistical records, that opinions of the Advocate Generals are to a large extent endorsed by the European Court of Justice (“ECJ”). If so, the opinion recently handed…

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Damien Gerard  (College of Europe, Belgium)
EU network antitrust enforcement and experimentalist governance: short review of an essay by Yane Svetiev
June 14, 2011

We live in a world of network antitrust enforcement, to borrow the expression introduced by H. First a decade ago (here) to refer to the loose arrangements among the federal agencies and/or State…

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Max Findlay  (Max Findlay Associates, United Kingdom)
Don’t be too cheerful
June 06, 2011

Managing disappointment is as important for businesses as it is for individuals. But it can be particularly hard to do if you’ve been encouraged or threatened by possible change which then, suddenly…

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Eric J. Stock  (Gibson, Dunn & Crutcher)
U.S. Federal Trade Commission Recommends Changes to U.S. Patent System
June 06, 2011

The U.S. Federal Trade Commission (“FTC”) has issued a report analyzing the U.S. patent system from a competition policy perspective. The FTC recognizes that, like the competitive process fostered by…

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Silke Heinz  (Heinz & Zagrosek Partner mbB, Germany)
The FCO continuously fines merger implementation without prior approval
May 17, 2011

On May 10, 2011, the FCO fined Interseroh in the amount of €206,000 for having implemented a concentration without merger approval. The decision is the second instance this year in which the FCO…

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Max Findlay  (Max Findlay Associates, United Kingdom)
When business gets personal
May 08, 2011

Business executives like to stress the impersonality of their work. If things go wrong, then, sure, there are commercial consequences but that’s usually where it ends. Things have to be pretty gross…

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Thomas Graf  (Cleary Gottlieb Steen & Hamilton LLP)
How Indispensable Is Indispensability?
April 18, 2011

In its recent TeliaSonera judgment, the Court of Justice discusses whether a margin squeeze can only be abusive if the dominant company has a duty to supply the input at issue. The Court concludes…

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