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Your Weekly Digest | Issur 17/2022

Valur Thrainsson
5 min read

Welcome to CompetitionFeed, a weekly newsletter with the most recent and relevant competition and anti-trust news, blogs and journal publications. Never miss an update. If you’d like to receive issues over email, you can sign-up here

In an interview with ProMarket, assistant attorney general Jonathan Kanter, head of the Department of Justice’s antitrust division, explains why he believes that the doctrine that prevailed over American antitrust enforcement in the past 40 years has failed and why it’s necessary to broaden the debate over antitrust policy beyond lawyers and economists.  “I am... Read more.
The Department of Justice (DOJ) is urging a Washington, D.C., superior court to reconsider its decision to dismiss an antitrust case against Amazon brought by D.C. Attorney General Karl Racine (D). “If left uncorrected, the Court’s ruling could jeopardize the enforcement of antitrust law by improperly raising the bar on plaintiffs challenging anticompetitive contractual restraints… Read more.
Apple says that it disagrees with a report by Japanese authorities that suggests the inclusion of Safari pre-installed on devices harms competition. The same report also floats the idea that App;e should allow people to install apps from multiple app stores. Read more.
A new Japanese antitrust report into the smartphone market has raised the possibility of new legislation intended to reduce the dominance ... Read more.
That indekopreported on the Commission for the Defense of Free Competition that they had sanctioned Cencosud Retail Perú SA, Hipermercados Tottus SA, Makro Supermayorista SA and Supermercados Peruanos SA in the first administrative instance for price fixing in the sale of whole turkey San Fernando brand at national level between 2009 and 2016. Read more. 
The CMA has published its second assessment of how well competition is working in the UK and what that means for people and businesses. Read more.

Today, in response to a Request for Information (RFI) by the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) on Merger Enforcement, the FAH submitted comments urging the FTC/DOJ to retain... Read more.
In 2021, President Joe Biden appointed a prolific young scholar, Lina Khan, to chair the Federal Trade Commission (FTC). Khan strongly dislikes almost every element of antitrust law. She has stated her intention to use notice and comment rulemaking to change antitrust law in many ways. Read more.
On 20 April 2022, following a lengthy consultation, the UK government announced final plans to strengthen its merger and antitrust regime. Designed to address a concern that competition in the UK may have weakened over the past 20 years, the plans are wide-ranging. They include proposals to expand the powers of the UK Competition and... Read more.
Herbert Hovenkamp
In late 1980 law Professor Richard A. Posner and economist George J. Stigler sent an undated memorandum to Martin Anderson, an economist serving on President-elect Ronald Reagan’s transition team.  Posner was a professor at the University of Chicago Law School and had already written an influential book on antitrust law. In 1981, President Reagan would nominate him to the United States Court of Appeals for the Seventh Circuit, where he finished out his career. George J. Stigler was a prominent professor of economics at the University of Chicago. Read more.
Richard Gilbert, Christian Riis and  Erlend Riis
The effects of monopoly power or mergers on incentives to innovate are important issues for antitrust enforcement, but they receive relatively little attention in litigated cases compared to the analysis of predicted effects on prices. This paper reviews what is known about the relationship between market structure and innovation and its implications for antitrust enforcement. Read more.
  • A takeover in the German interurban bus industry is studied
  • After the takeover the incumbent firm reduced the number of rides per route and day
  • Prices remained almost constant
  • The observations are in line with a theoretical model of entry deterrence
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