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Your Weekly Digest | Issue 238

Valur Thrainsson
4 min read

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UK watchdog: Pfizer in breach of rules over epilepsy drug | POLITICO
For over four years, Pfizer hiked its prices from 780 percent to 1,600 percent above previous levels.
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ACCAN says 5G is an indirect substitute for fixed line NBN | ZDNet

The Australian Communications Consumer Action Network has said genuine competition to NBN only exists on the margins.

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How French antitrust regulators tamed Google | WIRED UK

France has hit Google with fines totalling €720 million this year. The money is meaningless – but the changes could be profound

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A California man pleaded guilty yesterday to rigging bids at public foreclosure auctions. Read more.
The Biden Administration’s July 9 Executive Order on Promoting Competition in the American Economy is very much a mixed bag—some positive aspects, but many negative ones. It will have some positive effects on economic welfare, to the extent it succeeds in lifting artificial barriers to competition that harm consumers and workers—such as allowing direct sales... Read more.
Introduction In the previous days, the Turkish Competition Authority (“TCA”) has published its reasoned decision[1]The TCA’s dated 12.11.2020 and numbered 20-49/675-295. regarding the investigation conducted against Google.[2]It is the economic entity composed of Google Reklamcılık ve Pazarlama Ltd. Şti., Google International LLC, Google LLC, Google Ireland Limited and Alphabet Inc. The decision comprises of the... Read more.
The United States Supreme Court decided two antitrust cases for October Term 2020. The first case, AMG Capital Management v. Federal Trade Commission, unanimously held that the Federal Trade Commission (FTC) is not authorized to demand monetary relief for the purpose of obtaining restitution under section 13(b) of the Federal Trade Commission Act.  Section 13(b) authorizes the FTC to seek temporary and permanent “injunctions” against unfair and deceptive trade practices “if such action would be in the public interest.”  It has been the FTC’s longstanding practice to demand equitable monetary relief under section 13(b), despite the section containing no language explicitly authorizing such relief. Read more.
Antitrust experts propose a ban of agency-negotiated remedies after the unraveling of the T-Mobile/Sprint remedy. Read more.
Soo Jin Kim and Yongjoon Park
This paper studies the coordinated effects of the merger between American Airlines and US Airways by examining the extent to which the connecting prices of the nonmerging legacy carriers (Delta and United) evolved when the merger eliminated Advantage Fares, a connecting flight price discounting program offered by US Airways. Read more.
Niamh Dunne
Potential competition refers to the extent to which the activities of undertakings not yet present in a relevant market nonetheless provide a competitive constraint on the behaviour of incumbents in that market. Recent case-law of the EU Court of Justice dealing with pay-to-delay agreements in the pharmaceutical sector has considerably deepened our understanding of potential competition as a relevant concept under Articles 101 and 102 TFEU. This short article critically assesses the legal test emerging from the Generics and Lundbeck judgments and considers its applicability beyond the pay-to-delay context. Read more.
Katarzyna Czapracka
The Court confirmed that dominant companies might be obliged to supply an input to a rival only where that input is indispensable to compete in the downstream market, but held that a lower standard applies if a dominant company already supplies the input or is subject to a regulatory obligation to do so. Read more
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Kind regards, Valur Þráinsson, Founder of Email:
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