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1. General - Scope of application
1991 – 2011. Twenty Years of European Union Law (Compendium of Benchmarks), L. Idot and D. Simon (Europe, supplement to the November 2011 issue)
To mark the 20th anniversary of the magazine Europe, its initiators had the happy idea of offering readers a collection of editorials - the landmarks - among the most significant developments in European institutions and rules over the last 15 years. This collection is introduced by the double foreword, both enlightening and friendly, by Guy Canivet and Catherine Lalumière. Obviously, the landmarks concerning the evolution of European competition policy are not beyond the scope of the delicate exercise of retrospection. They constitute, in the pen of Laurence Idot, as many milestones that have accompanied us along the way to a better understanding of the evolution of the matter. Reading them allows us to measure how far we have come and how massive the evolution of competition rules has been during this short period.
Special Issue: Antitrust and Regulatory Update , (Review of Industrial Organization, vol. 39, 4, 2011)
The latest issue of the Review of Industrial Organization features three separate articles summarizing the activity of the FTC, FCC and DG Comp economics departments in 2010-2011.
Regime Shift in Antitrust Laws , Economics , and Enforcement, V. Ghosal (Journal of Competition Law and Economics, vol. 7, 4, pp. 733-774, 2011)
V. Ghosal provides a comprehensive overview of the changes in the number of cases handled by the US Department of Justice between 1958 and 2002, as doctrinal changes and changes in the majority in power took place.
The corporate lawyer: a key role, in the midst of change (Round Table), Y. Chalmé and J.-C. Savoured (Cah. dr. Entr., No. 4, July-August 2011, 4, p. 9)
To raise a rival firm’s prices for comparison with its own prices, a right guaranteed by the free play of competition (note ss. Cass. com. 4 Oct. 2011), C. Duration (D. Dec. 1, 2011, No. 42, p. 2900). See also, with regard to the judgment of the Commercial Chamber of the Court of Cassation of 4 October 2011, the report of the reporting counselor: "Validity of the practice of price quoting" V. Michel-Amsellem (RJDA 1/2012, Études et doctrine, No. 90, p. 3).
The pricing of digital books, M. Lévy and A. Mailfait (JCP éd. E, No. 51-52, Dec. 22, 2011, 682, Échos de la pratique, p. 5)
European Competition Law - Anticompetitive practices (1 July 2010 - 28 February 2011) , J.-B. Blaise and L. Idot (RTD eur. Apr.-June 2011, No 2, p. 397)
Activity of European Union courts in competition law (September 2011) (October 2011), P. Arhel (Petites affiches, 26 Dec. 2011, No 256, p. 7; Petites affiches, 28 Dec. 2011, No 258, p. 6)
Second Activity Report of the Competition Authority, P. Arhel (Petites affiches, 31 Oct. 2011, No. 216, p. 6)
Chronique Concurrence, L. Idot (Europe, Nov. 2011, comm. 417 to 425, p. 32; Dec. 2011, comm. 468 to 475, p. 29)
Chronique Concurrence, M. Bazex, D. Bosco, G. Decocq and C. Prébissy-schnall (Contracts, conc., consom. Nov. 2011, comm. 241 to 247; Dec. 2011 comm. 260 to 266)
Chronique de droit économique, C. Mathonnière (RLDA Oct. 2011, 64, n° 3663 to 3669, p. 51; Nov. 2011, 65, n° 3718 to 3725, p. 42)
Chronique Concurrence, E. Claudel (RTD com. July-Sept. 2011, p. 515)
Competition Chronicle (RJDA, No. 11, Nov. 2011, p. 904; RJDA, No. 1, Jan. 2012, p. 76)
Panorama Prohibited competition, unfair competition and parasitism, Centre de droit de la concurrence Yves Serra (D, n° 43, Dec. 8, 2011, p. 2961)
Time-Series Models for Estimating Economic Damages in Antitrust (and Other) Litigation: The Relative Merits of Predictive versus Dummy-Variable Approaches, P.E. Godek (CPI Antitrust Chronicle, vol. 12, 1, 2011)
The OFT’s guidance on company directors and competition law, C. HUTTON and P. CITRON (Competition Law Insight, Vol. 10, Issue 9, p. 3)
Deterrence , Recidivism , and European Cartel Fines, C. Veljanovski (Journal of Competition Law and Economics, vol. 7, 4, pp. 871-915, 2011)
C. Veljanovski continues his analysis of European decisions by analysing in detail the calculation of sanctions. This article focuses on the decisions under the 2006 Guidelines and compares them to previous decisions.
Collusion and Leadership, I. Mouraviev and P. Rey (International Journal of Industrial Organization, vol. 29, 6, p. 705-717, 2011)
This article examines in a theoretical way the collusion when a company announces its prices publicly before the other cartel members. This type of practice is found in many cartel cases. One of the advantages of this approach is that it contrasts the possibilities of conclusion with the case of simultaneous price announcements, which is the most common analytical framework in economics. The authors show that sequential price announcements make collusion easier to maintain. In cases where a cartel would not be possible with simultaneous price announcements, with one of the cartel members choosing to deviate from the agreement to increase sales, the appointment of a leader, announcing prices first, makes collusion possible. The intuition, which has been applied in several theoretical cases, is that sequential announcements make it possible to discipline cartel members through the immediate detection of deviations. Furthermore, an interesting prediction of the article is that the leader is usually the least efficient firm in the cartel.
The Predictability of DOJ Cartel Fines, J.M. Connor and D.J. Miller (The Antitrust Bulletin, Vol. 56, 3, 2011)
Exclusive Contracts and Demand Foreclosure, D. Spector (RAND Journal of Economics, Vol. 42, 4, pp. 619-638, 2011).
Modernising cartel sanctions: effective sanctions for price fixing in the European Union, A. Riley (European Competition Law Review, 2011, Vol. 32, Issue 11, p. 561).
Rethinking minority share ownership and interlocking directorships - the scope for competition law intervention, T. Staahl Gabrielsen and others. (European Law Review, Volume 36, Issue 6, p. 837)
Areva and Others v. Commission" judgment, N. Tuominen (EUDR, 2/2011, Jurisprudence, p. 271).
Exemptability of the prohibition of sales on the Internet: the vice tightens, J.-L. Lesquins and L. Ferchiche (RLDA Nov. 2011, 65, No. 3717, p. 38)
On this judgment of the Court of the European Union , see also A selected distributor must, in principle, be able to market the products on the Internet , D. Ferrier (JCP éd. E, n° 51, 19 Dec. 2011, 1430, p. 2529 ); Internet sales in the context of selective distribution: end of game? J.- L. Lesquins and L. Ferchiche ( JCP éd. E, n° 43-44, Oct. 27, 2011, 554, p. 9 ) ; Clause of a selective distribution agreement prohibiting resale by Internet (BRDA Oct. 31, 2011, n° 20, 26, p. 13) ; Selective distribution of Pierre Fabre cosmetic products and Internet - The CJEU makes a tautological answer, C. Vilmart (JCP éd. E, Nov. 24, 2011, n° 47, 1833, p. 28) Internet sales bans are hard to justify, J. Goyder (Competition Law Insight, Vol. 10, Issue 12, p. 3).
Apple’s exclusive distribution agreements: a refusal to supply? M.B. Cox (European Competition law Review, Vol. 33, Issue 1, p. 11).
The franchise agreement and post-contractual clauses, G. Amedée-Manesme (Rev. jurispr. com. July/August 2011, No 4, p. 400)
Chronicle Distribution and protection of the competitor, M. Malaurie-Vignal and N. Mathey (Contracts, conc., consum. Nov. 2011, comm. 233 to 240; Dec. 2011, comm. 256 to 259)
3. Abuse of dominance
Judgment "Konkurrensverket v. TeliaSonera", N. Tuominen (RDUE, 1/2011, jurispr., p. 144)
Tomra Systems and Others v. Commission" judgment, R. Galante and S. Ouiles (European Court Reports, 1/2011, Jurisprudence, p. 150).
Airline Market Power and Intertemporal Price Dispersion, A.A. Gaggero and C.A. Piga (Journal of Industrial Economics, Vol. 59, 4, pp. 552-577, 2011)
Rebates in a state of Velux: filing in the gaps in the article 102 TFEU enforcement guidelines, B. Batchelor and K.H. Jebelli (European Competition law Review, Vol. 32, Issue 11, p. 545).
Article 102 TFEU and sanctions: appropriate when? , B. Vesterdorf (European Competition Law Review, Vol. 32, Issue 11, p. 573).
Margin squeeze: theory , practice , policy: part 1, N. Dunne (European Competition Law Review, Vol. 33, Issue 1, p. 29)
Recent research explores the competitive impact of loyalty discounts and rebates, C. Webb (Competition Law Insight, Vol. 10, Issue 10, p. 5)
4. Restrictive practices
Concepts of existence of an established commercial relationship , N. Mathey (JCP ed. E, No 47, Nov. 24, 2011, 1835, p. 39)
The abrupt termination of established trade relations, E. Schulte (JCP éd. G, n° 46, Nov. 14, 2011, 1261, p. 2270)
Abrupt termination of commercial relations and compensation for the injury of a third party, D. de Lammerville (JCP éd. E, n° 45, Nov. 10, 2011, 1788, p. 34)
Non-compliance with commitments: the Competition Authority takes action and withdraws the authorization for the acquisition of TPS by Groupe canal Plus, Mr. Adam (RLDA Nov. 2011, 65, No. 3716, p. 35)
V. also, with respect to the decision of the French Competition Authority of September 20, 2011 relating to compliance with the commitments contained in the decision authorizing the acquisition of TPS and CanalSatellite by Vivendi Universal and Canal Plus Group, Promising and failing to comply with all the commitments that are a condition for authorization is not valid! Mr. Chagny (Comm, com. électr., Dec. 2011, No. 12, comm. 113).
The Competition Authority confirms its analysis grid for mergers in bidding markets, G. de Muizon (RLC 2011/28, No. 1834, p. 8)
Enhanced cooperation between authorities for the treatment of cross-border mergers, L. Idot (Europe Dec. 2011, Focus 67, p. 2).
Defining Product Markets for Shopping Centers, J. Kaluzny, R. Nitsche and L.-H. Röller (European Competition Journal, Vol. 7, 3, pp. 421-431, 2011).
Antitrust and Competition in Two-Sided Markets, A. Alexandrov, G. Deltas and F. Spulber (Journal of Competition Law and Economics 7 (4): 775-812, 2011).
Benchmarking the Upward Pricing Pressure Model with Federal Trade Commission Evidence, M. B. Coate (Journal of Competition Law and Economics, vol. 7, 4, pp. 825-846, 2011).
Merger Simulation in an Administrative Context, J. B. Baker (Antitrust Law Journal, vol. 77, 2, pp. 451-472, 2011).
The counterfactual, A. Chapman (Competition Law Insight, Vol. 10, Issue 11, p. 5)
Stena / DFDS and novel counterfactual arguments, I. Giles (Competition Law Insight, Vol. 10, Issue 9, p. 15)
6. State aid
What are the legal bases for the regulation of services of general economic interest? , S. Bracq (RTD eur. July-Sept. 2011, No 3, p. 517)
State aid for the restructuring of firms in difficulty and the European State aid regime , J. Lucas (Rev. Collective procedures, Sept.-Oct. 2011, Studies 27, p. 25).
Can the legislator constitutionally prohibit departments from modulating their aid to municipalities according to the management method of the public service being assisted? P. Terneyre, P. Terneyre (RJEP, n° 691, Nov. 2011, p. 11).
7. Public sector and competition
The entry in the competition station(s) , about the opinions of the Competition Authority No. 11-A-15 and No. 11-A-16 of 3 October 2011, D. Roskis and B. Martor (JCP éd. E, No. 50, Dec. 15, 2011, 1897, p. 23)
Zizanie dans le métro ou la concurrence des journaux gratuits sur le domaine public de la RATP, G. Clamour (RLC 2011/28, No. 1852, p. 34)
News on competition law and regulation , M. LOMBARD , S. NICINSKI and E. GLASER (AJDA, 10 Oct. 2011, No. 33, p. 1880)
From "In House" management to cooperation between contracting authorities: old and new issues in the case law of the Court of Justice, G. Gattinara (RDUE, 3-2011, p. 381)
Georges Gattinara, administrator at the European Commission, gives us a particularly rich study, for a very practical use, in terms of "In House". More precisely, it addresses the question of the control that the contracting authority must exercise in order for the notion of "In House" to be applicable. In addition, the latest advances made by the Commission in the field of public-private cooperation are dealt with, along with the thorny question of the applicability of the European corpus in the field of concessions and public contracts.
Public-public cooperation and Community law: what prospects? , F. Llorens (Public Contracts and Public Procurement, No. 12, Dec. 2011, p. 1)
Tele 2 Polska" judgment: a questionable interpretation of the competence of the national competition authorities, N. Petit and C. Lousberg (EDJ, No. 182, Oct. 2011, p. 242)
It has been a long time since we have had to read such a critical but particularly well-argued commentary. The comment in question is the Tele 2 Polska judgment of the ECJ on the prohibition of NCAs from adopting a decision finding the absence of an anti-competitive practice under Community law. The authors consider that the position adopted by the Court is contrary to the letter of Regulation 1/2003, in particular Article 5, but also to the scheme and aims of the Regulation.
See also, in relation to the same judgment of the Court of Justice of the European Union, the "Tele 2 Polska" judgment, R. Galante (RDUE, 2/2011, jurispr., p. 293).
The debate on the application of national law and the ne bis in idem principle within the ECN is relaunched... , L. Idot (Europe Nov. 2011, Alert 65, p. 2)
Legislature and home visits: good, but can do better, B. Cheynel, A. Mexis and C. Winckler (RLC 2011/28, No. 1862, p. 48).
La porte étroite (note ss. Cass. crim. 16 June 2011, No. 10-84.126), J.-H. Robert (JCP ed. E, No. 50, 15 Dec. 2011, 1900, p. 38)
The imputability of the anti-competitive conduct of a subsidiary whose entire capital is held by its parent company, again and again ..., P. Patat and P. Guibert (RLC 2011/28, No. 1885, p. 126).
La problématique de la mise en cause des sociétés mères lors de la participation de leurs filiales à des pratiques anticoncurrentielles et les éventuelles conflits d’intérêts en résultant, F. Prunet (Gaz. Pal. 8 déc. 2011, n° 342, p. 19)
The litigation of "mixed" decisions, (Rev. Competition & Consumer Affairs, No. 169, p. 12)
L’imbroglio juridique de l’expiration du traité CECA, G. Decocq (Rev. jurispr. com. May/June 2011, No 3, p. 256)
DG Competition’s Manual of Procedure, J. Temple Lang (Competition Law Insight, Vol. 10, Issue 11, p. 11)
8.2. Sanction policy - Clemency - Settlement - Undertakings - Damages actions
Re-establishing the orthodoxy of commitments decisions under article 9 of Regulation 1/2003: comment on Commission v. Alrosa, M. Messina and J.-C. Alexandre Ho (European Law Review, Vol. 36, Issue 5, p. 737)
The objective of private remedies in EU competition law, R. Nazzini (Global Competition Litigation Review, Vol. 4, Issue 4, p. 131).
Deterrence , recidivism and European cartel fines, C. Veljanovski (Journal of Competition law and Economics, Vol. 7, Issue 4, p. 871)
Liability of directors under competition law, S. Richards (European Competition Law Review, Vol. 33, Issue 1, p. 1)
Upstream Competition between Vertically Integrated Firms, M. Bourreau, J. Hombert, J. Pouyet and N. Schutz (Journal of Industrial Economics, 59(4), 677-713, 2011).
This paper provides a very intuitively presented result on the effect of upstream competition between vertically integrated companies when they sell an intermediate good to downstream companies. To set the scene, it is useful to think of a telecom network operator selling network access to downstream companies, with whom it also competes on the retail market. The question raised by the article is the following: if there are two vertically integrated companies, both producing the intermediate good (e.g. access to a network), is it ensured that competition between them will prevent foreclosure of downstream companies? The answer is no. Indeed, one of the two companies may choose not to supply the intermediate good, leaving the only supplier in an upstream monopoly position and creating partial (and not total) foreclosure because the downstream companies have access to the good, albeit at a supra-competitive price. The authors clearly detail the intuition of this result and show that the regulator can restore competitive equilibrium.
The Economic Impact of Wireless Number Portability, M. Park (Journal of Industrial Economics, 59(4), 714-745, 2011).
Mobile number portability has been imposed by the regulator in many countries. The aim of this measure is to lower consumers’ exit costs, thus increasing competition between mobile operators, ultimately leading to lower prices for users. This article estimates precisely this effect on US data to see whether the primary objective has been achieved. It estimates that the price reductions are between 0.97% and 6.81%, with the largest reductions reserved for subscriptions with the most call minutes. The reduction in exit costs has therefore primarily benefited consumers using their phones most intensively.
Which judge is competent to hear the responsibility of the Regulatory Authorities? About the judgment of the Tribunal des conflits of May 2, 2011, Sté. Europe Finance Industrie v. AMF, G. Eckert (Droit Adm. n° 10, Oct. 2011, p. 52)
Although this comment relates to the AMF’s liability for acts committed by the COB, as an independent administrative authority, the questions of the division of powers between the courts and of liability are of particular interest from the perspective of a possible challenge, perhaps one day, of the Competition Authority for its actions that could constitute misconduct. See also: "Strict delimitation of the jurisdiction to rule on liability claims of the Autorité des marchés financiers", G. Pellissier (RJEP, No. 692, Dec. 2011, p. 47).
Economic and financial regulatory authorities: convergences or divergences? , H. Delzangles, J. Cattan, J. Walther and T. Fossier (RJEP, No. 692, Dec. 2011, p. 3).
The Revue juridique de l’économie publique publishes the proceedings of the symposium on regulation held in February 2011. Among the published proceedings, we would like to highlight the emergence of a European model of regulatory authorities, the issue of the separation of vertically integrated network companies and finally the article on the German model of regulation.
Litigation of regulatory authorities’ dispute settlement decisions before the judicial judge, E. Guillaume and L. Coudray (RJEP, No. 691, Nov. 2011, p. 3)
The authors take up a little more than ten years of case law from the Paris Court of Appeal, in its capacity as judge of the dispute settlement of regulatory authorities. They deal with issues of admissibility of appeals, procedure and the powers entrusted and developed by the Court in this field.
Bridging the digital divide: yes, but... Mr. Chagny (Comm, Electr. Com., Nov. 2011, No. 11, Comm. 104)
Competition Authority’s announced notice on e-commerce , M. Chagny (Comm, e-Comm, Oct. 2011, No. 10, comm. 86)
Access of SNCF competitors to passenger stations, in relation to the opinion n°11-A-15 of 29 September 2011 on the draft decree relating to passenger stations and other service infrastructures of the railway network, M. Bazex (Droit Adm. n° 12, Dec. 2011, p. 50)
La mise en place d’un tarif social d’accès à l’internet haut débit , on the subject of Opinion No. 11-A-10 of 29 June 2011, on the introduction of a social tariff for broadband internet access for people on low incomes, M. Bazex (Droit Adm. n° 11, Nov. 2011, p. 37)
Le code de l’énergie, R. Peylet (RFDA, No. 5, Sept-Oct. 2011, p. 905)
LIST OF JOURNALS REVIEWED
LEGAL NEWS - ADMINISTRATIVE LAW (AJDA)
NEWS FROM THE NETWORK INDUSTRIES IN EUROPE
ADMINISTRATION AND TERRITORIAL COLLECTIVITIES
AMERICAN ECONOMIC REVIEW
AMERICAN LAW AND ECONOMIC REVIEW
(THE) ANTITRUST BULLETIN
ANTITRUST LAW JOURNAL
BERKELEY TECHNOLOGY LAW JOURNAL
NATIONAL ASSEMBLY GAZETTE
RAPID BUSINESS LAW BULLETIN (BRDA)
(LES) CAHIERS DE DROIT EUROPEEN
CORPORATE LAW BOOKLETS (FROM THE LAW WEEK)
CHICAGO LAW REVIEW (UNIVERSITY OF)
COMMON MARKET LAW REVIEW
COMMUNICATION - ELECTRONIC COMMERCE
COMMUNICATION & STRATEGIES
COMPETITION AND REGULATION IN NETWORK INDUSTRIES
INTERNATIONAL COMPETITION POLICY
COMPETITION POLICY NEWSLETTER
COMUTER AND TELECOMMUNICATIONS LAW REVIEW
PUBLIC CONTRACTS AND PROCUREMENT
CORNELL LAW REVIEW
(LES) ECHOS/ ISSUES LES ECHOS
EMORY LAW JOURNAL
(THE) EUROPEAN ANTITRUST REVIEW
EUROPEAN COMPETITION JOURNAL
EUROPEAN COMPETITION LAW REVIEW
EUROPEAN INTELLECTUAL PROPERY REVIEW
EUROPEAN LAW REPORTER
EUROPEAN LAW REVIEW
FORDHAM LAW REVIEW
(THE) PALACE GAZETTE
GLOBAL ANTITRUST WEEKLY
GLOBAL COMPETITION REVIEW
HARVARD LAW REVIEW
INSTITUTE ANTITRUST LAW AND POLICY FORDHAM CLI
INTERNAT. COMPANY AND COMMERCIAL LAW REVIEW
INTERNAT. ENERGY LAW AND TAXATION REVIEW
INTERNAT. JOURNAL OF INDUSTRIAL ORGANIZATION
INTERNAT. TRADE LAW AND REGULATION
COURT JOURNAL. EUROPEAN LAW
INTERNATIONAL LAW JOURNAL CLUNET
JOURNAL OF INTERNAT. BANKING LAW AND REGULATION
JOURNAL OF COMPETITION LAW AND ECONOMICS
JOURNAL OF ECONOMIC LITERATURE
JOURNAL OF ECONOMIC PERSPECTIVES
JOURNAL OF INDUSTRIAL ECONOMICS
JOURNAL OF LAW AND ECONOMICS
JOURNAL OF LAW ECONOMICS & ORGANIZATION
JOURNAL OF LEGAL STUDIES
JOURNAL OF REGULATORY ECONOMICS
LAMY PUBLIC BUSINESS LAW
(THE) MONITOR (OF PUBLIC WORKS AND BUILDING)
NORTHWESTERN JOURNAL OF INTERNATIONAL LAW AND BUSINESS
OREGON LAW REVIEW
(THE) SMALL POSTERS
RAND JOURNAL OF ECONOMICS
REVIEW OF ECONOMICS AND STATISTICS
JOURNAL OF POLITICAL ECONOMY
JOURNAL OF INDUSTRIAL ECONOMICS
JOURNAL OF INTERNATIONAL BUSINESS LAW
CASE LAW REVIEW
CASE LAW REVIEW OF BUSINESS LAW
OECD REVIEW ON COMPETITION LAW AND POLICY
COMPETITION AND CONSUMER REVIEW
LEGAL RESEARCH JOURNAL - PROSPECTIVE LAW
JOURNAL OF CRIMINAL SCIENCE AND COMPARATIVE LAW
EUROPEAN BUSINESS REVIEW
REVIEW OF COLLECTIVE PROCEDURES
PUBLIC LAW REVIEW
REVIEW OF THE COMMON MARKET AND THE EUROPEAN UNION
EUROPEAN UNION LAW REVIEW
(THE) ECONOMIC JOURNAL
ECONOMIC AND SOCIAL JOURNAL
FRENCH ADMINISTRATIVE LAW JOURNAL
INTERNATIONAL JOURNAL OF COMPARATIVE LAW
INTERNATIONAL JOURNAL OF ECONOMIC LAW.
INTERNATIONAL JOURNAL OF COMPETITION
PUBLIC ENTERPRISE LAW REVIEW
LAMY COMPETITION REVIEW
LAMY DROIT DE L’IMMATERIEL MAGAZINE
LAMY BUSINESS LAW REVIEW
QUARTERLY CIVIL LAW REVIEW
QUARTERLY REVIEW OF COMMERCIAL AND ECONOMIC LAW
QUARTERLY REVIEW OF EUROPEAN LAW
LEGAL WEEK - COMPANY EDITION
LEGAL WEEK - GENERAL EDITION
TEXAS INTERNATIONAL LAW REVIEW
TULANE LAW REVIEW
(THE) NEW PLANT
YALE LAW JOURNAL
YALE JOURNAL OF INTERNAT. LAW