Antitrust Writing Awards 2017

Antitrust Writing Awards 2017

Five 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 a gala dinner sponsored by Concurrences Journal and George Washington University Law School Competition Law Center on March 28, 2017 in Washington, DC. For more information on the awards, click here.  

Winner - Best Business Article - Mergers

Innovation in EU Merger Control: In Need of a Consistent Framework
Competition Law & Policy Debate (Vol. 2), September 2016
Raphaël De Coninck

This article highlights the European Commission's recent interest in assessing the impact of mergers on innovation and discusses the Commission’s approach and argues in favor of developing a consistent framework for assessing the impact of mergers on innovations.

Academic articles

Category: Concerted Practices  

Cliff Discounts by a Dominant Producer Threatened by Partial Entry
SSRN
Michael A. Salinger

This article analyzes cliff discounts when an incumbent monopolist faces competition from a competitor that can compete for a portion (but not all) of the market, and compare them with both simple pricing and pricing formulas in which the incumbent can cut prices just in the competitive portion of the market.

Category: Intellectual Property

Why Royalties for Standard Essential Patents Should Not Be Set by the Courts
Chicago-Kent Journal of Intellectual Property (Vol. 15), 2016
Stanley Besen

According to the consensus view, a Fair Reasonable and Non-Discriminatory (FRAND) royalty should be the cost of obtaining a license just before the patented invention is declared essential to compliance with an industry standard, which should, in turn, reflect the value of the invention over its best alternative. However, based upon the way in which FRAND royalties were determined in a number of recent cases, this article argues that courts generally will not have the information needed to implement the consensus view and that, as a result, greater effort should be taken to have these royalties determined before standards are adopted.

Category: Economics  

Evaluating Joint Ventures: Economic Analysis Checklist
Georgetown Law Journal
Steven C. Salop

This short article (for a symposium on joint ventures) provides practitioners and law professors with a 20 question checklist to guide the competitive effects analysis of the formation of a joint venture and the specific restraints and conduct of the venture.

Information Exchanges and Price Signaling: An Economic Perspective
Bruylant, 2016
Raphaël De Coninck

This article proposes i) an economic framework to determine whether and in what circumstances price signalling is likely to have anticompetitive effects, and ii) some thoughts on a desirable standard to be adopted by the Commission in such cases.

Modifying Merger Consent Decrees: An Economist Plot to Improve Merger Enforcement Policy
Antitrust, Fall 2016
Steven C. Salop

This short article analyzes a proposal that merger consent decrees should include a review and modification provision that would give the agency the ability to petition the court to order further relief if the consent decree fails to preserve or restore competition and protect consumer welfare in a reasonable period of time after the merger is consummated.

Business articles

Responding To Second Requests In The Era Of Big Data
Law360
Matthew List

Despite reforms undertaken by both the US Department of Justice and the Federal Trade Commission, complying with a Second Request in a merger review remains a costly and time-intensive process. The sheer volume and scope of data demanded can be staggering, but the article discusses how this burden can be managed effectively by engaging with the legal and economics staff at the agencies.