Antitrust Writing Awards 2016

Antitrust Writing Awards 2016

Eight CRA consultants and academic affiliates were nominated for Antitrust Writing Awards. The awards aim to promote antitrust scholarship and competition advocacy by recognizing and awarding the best articles published in antitrust law and the law and economics fields over the last 12 months. The winners were announced during the gala dinner sponsored by Concurrences Journal and George Washington University Law School Competition Law Center on April 5, 2016 in Washington, DC. For more information on the awards, click here.  

Winner - Best Academic Article - Asian Antitrust 

Essential Facilities Doctrine and its application in Intellectual Property Space under China’s Anti-Monopoly Law
George Mason Law Review, vol. 22, no. 5, 2015 
Elizabeth Wang with Yong Huang and Roger Xin Zhang

This article explores the development of the essential facilities doctrine and its potential applicability to IPR matters. It provides an evaluation of the unique challenges imposed by China’s economic transition onto the balance of its IPR policy and competition policy, and argues that applying the essential facilities doctrine to IPRs in China would have a significant chilling impact on innovation and harm consumers in the long run.

Academic articles

Category: General Antitrust 

Antitrust, Competition Policy, and Inequality
The Georgetown Law Journal, 2015
Steven Salop with Jonathan Baker 

This article describes the channels through which market power contributes to inequality, and sets forth a range of possible antitrust policy adjustments that might be considered in response to that market power, or to inequality more generally. This article identifies various potential competition policy alternatives that would respond to concerns about inequality, while recognizing that some are more controversial and provocative than others.

Category: Unilateral Conduct

The law and economics of most-favoured nation clauses
Competition Law & Policy Debate, vol. 1, no. 3, August 2015
Matthew Bennett with Francisco Enrique Gonzalez Diaz

This article provides a broad frame of reference for analyzing most favoured nation (MNF) clauses, based on the case law and practice of the European courts and the European Commission.

Category: Intellectual Property 

Patent Assertions: Are We Any Closer to Aligning Reward to Contribution?
National Bureau of Economic Research, Innovation Policy and the Economy, forthcoming 2016
Fiona Scott Morton and Carl Shapiro

The 2011 America Invents Act (AIA) was the most significant reform to the United States patent system in over 50 years. However, the AIA did not address a number of major problems associated with patent litigation in the United States. In this paper, the authors provide an economic analysis of post-AIA developments relating to Patent Assertion Entities (PAEs) and Standard-Essential Patents (SEPs).

Category: Intellectual Property 

The Actavis Inference: Theory and Practice
Rutgers University Law Review, vol. 67, no. 3, 2015
Aaron Edlin and Carl Shapiro with C. Scott Hemphill and Herbert J. Hovenkamp

In FTC v. Actavis, Inc., the Supreme Court considered "reverse payment" settlements of patent infringement litigation. The Court held that a reverse payment settlement violates antitrust law if the patentee is paying to avoid competition. The core insight of Actavis is the Actavis Inference: a large and otherwise unexplained payment, combined with delayed entry, supports a reasonable inference of harm to consumers from lessened competition. This paper is an effort to assist courts and counsel in implementing the Actavis Inference.

Category: Asian Antitrust 

Clash of Titans: How China Disciplines Internet Markets
Journal of European Competition Law & Practice, vol. 6, no. 6, 2015
Sharon Pang with David Stallibrass 

The decision in Tencent v. Qihoo by the Supreme People’s Court of China is a detailed and nuanced attempt to resolve some of the most pressing issues in modern antitrust. In key areas, such as the definition of the relevant market and the approach to assessing dominance, it sets a practical precedent that could be sensibly emulated by courts throughout China and, if desired, other jurisdictions.

Category: Economics 

Econometric Evidence to Target Tacit Collusion in Oligopolistic Markets
Journal of Competition Law and Economics
Patrick Andreoli-Versbach with Jens-Uwe Franck 

Tacit collusion may reduce welfare comparably to explicit collusion, but it remains mostly unaddressed by antitrust enforcement that greatly depends on evidence of explicit communication. The authors propose to target specific elements of firms’ behavior that facilitate tacit collusion by providing quantitative evidence that links these actions to an anticompetitive market outcome. 

Business article

Category: Economics 

Deceptive Marketing Practices: How Some Consumers Benefit When Others are Deceived
Economics Committee Newsletter, vol. 14, no. 1, Spring 2015 
Sean Durkin

This article discusses why deceptive promotional practices may not harm competition even if it cannot be countered by rivals and a large share of buyers is deceived. It also shows that promotion of a seller’s product, whether deceptive or truthful, can increase competition between sellers by inducing them to more aggressively compete for buyers who would otherwise view the two products as close substitutes.