Antitrust & Competition Policy Blog

Professor Weiser on Trinko

The September 2005 issue of Antitrust Bulletin contains an analysis of the 2004 Trinko decision by Professor Phil Weiser of The University of Colorado Law School.  He concludes: 

"...antitrust courts should make discretionary judgments about whether the effectiveness of regulation in a given set of circumstances renders antitrust oversight unnecessary. By so doing, antitrust courts would defer to regulatory agencies only where those agencies are reasonably capable of managing the competition policy matter at issue. If antitrust courts opt for a broader rule of restraint, such a stance would only fuel an unfortunate trend of devaluing the role of antitrust oversight and overly valuing the capabilities of alternative institutional actors. Rather than adopt that stance, antitrust courts should evaluate what revisions to legal doctrine and procedural practices can best evaluate claims that antitrust courts might otherwise seek to dismiss under Trinko."

Here's a link to SSRN, which has a link to the Antitrust Bulletin article.

Record Price Fixing Fine Against Samsung

The DoJ announced yesterday that it had reached a potential settlement, including a fine of $ 300M,  with Samsung and its US subsidiaries in a price fixing investigation which has already resulted in guilty pleas from Hynix and Infineon.  The settlement is now before District Judge Phyllis Hamilton for approval.  Fines of $ 346 M have already been approved against other conspirators.  If approved, this fine will be the second highest  in a criminal antitrust case after the $ 500 M fine against Hoffmann-LaRouche sicx years ago.

Global Competition Law CLE at Indiana University-Indianapolis--Dec 7, 2005

From Professor Andrew Klein of Indiana University, Indianapolis School of Law:

Competition Law in a Global Context

Wednesday, December 7, 2005

8:00 a.m. - 4:45 p.m.

6 hours of CLE credit (includes 1 hour of ethics credit)*

* Pending Approval

For more information:  http://www.indylaw.indiana.edu/cle/