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Your Weekly Digest | 207

Valur Thrainsson
3 min read

Good morning,

Here below, you find the most recent and relevant competition and anti-trust news, blogs and journal publications over the last week.

Enjoy :)

Digital Services Act: How the EU is going after Big Tech | CNBC
The Digital Services Act, due to be presented in early December, is expected to overhaul the management of content on platforms like Google and Facebook.
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DOJ files antitrust lawsuit to block Visa's Plaid acquisition | CNBC
The Department of Justice filed an antitrust lawsuit to block Visa's planned acquisition of fintech start-up Plaid. 
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FTC likely to sue Facebook on antitrust violations by end of November | POLITICO
But the agency may keep the case internal, stymieing states that want to team up.
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The CMA has ordered FNZ to sell GBST after finding their completed merger could lead to a reduction in the quality of service and higher prices. Read more.
Nicholas Petit, with Big Tech and the Digital Economy: The Moligopoly Scenario, enters the fray at this moment of peak consternation about big tech platforms to reexamine antitrust’s role as referee.  Amongst calls on the one hand like those in the Majority Staff Report and Recommendation from the Subcommittee on Antitrust (“these firms have too […] Read more.
The German Federal Cartel Authority continues its campaign against tech-giants by once again launching a probe into Amazon. This time, Amazon is not the only company affected. The authority also takes a closer look at Apple. Amazon has contracts with Apple, according to which only Apple dealerships and Amazon can offer Apple products on the... Read more.
Ronald Drennan, Helen C. Knudsen, W. Tom Whalen & Jeffrey M. Wilder
Two recent enforcement actions highlight important aspects of the economic analyses that have been performed at the Antitrust Division of the U.S. Department of Justice over this past year: The Novelis-Aleris merger illustrates how the decision-making tools that are used by market participants can reveal market characteristics that are key to merger analysis. The acquisition of Aetna by CVS raised several novel issues. A complex regulatory framework affected optimal bidding behavior among insurers and injected unique considerations into the analysis of a horizontal consolidation. Analysis of vertical aspects of the merger required accounting for variation in the mode of competition across a supply chain. Read more.
Carl Shapiro, Mark A. Lemley
Patent holdup has proven one of the most controversial topics in innovation policy, in part because companies with a vested interest in denying its existence... Read more.
Erik Hovenkamp, Jorge Lemus
Patent settlements between rivals restrain competition in many different ways. Antitrust requires them to be "proportional" in that their anti-competi... Read more.
John Oxenham, Michael-James Currie, Charl van der Merwe
In July 2020, the South African Competition Tribunal handed down two decisions in relation to contested ‘price gouging complaints’ namely, Dis-Chem and Babelegi. Read more.
Pablo Ibáñez Colomo
This article discusses the proposals to adapt competition law to digital markets. These include substantive innovations such as the reversal of the burden of proof in certain circumstances and other measures, such as restorative remedies. Read more.
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