Chillin'Competition

Relaxing whilst doing Competition Law is not an Oxymoron

Archive for the ‘Uncategorized’ Category

Antitrust Movies

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Two new leniency videos, respectively by the Swedish and Dutch competition authorities. I actually prefer the second one, which looks  more dramatic and glamorous. Yet, the first one may reach out to a bigger audience. Its characters are ordinary sales persons tempted by cartel activity. The second one abuses the cliché of CEOs smoking cigars and drinking cognac in luxurious venues.

Thanks to Christian Bergqvist (Copenhagen Law School) for the pointer.

Written by Nicolas Petit

17 March 2010 at 11:47 am

Posted in Uncategorized

Misc.

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I’ll keep it short for today.

A reminder: next week the GCLC will have its next lunch talk on the Commission’s proposed best practices in antitrust proceedings.

An info: the slides of the IEJE conference on the Lisbon Treaty are available here.

Written by Nicolas Petit

11 March 2010 at 12:19 pm

Posted in Uncategorized

Competition Law and Sport (II) – Football: State aids and salary caps

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Last Wednesday UEFA published an interesting report which provides thorough and useful information about the financial status of European football clubs. A quick look at the report reveals at least a couple of issues that bear a strong relationship with competition law:

Firstly, UEFA’s report advocates the need for “financial fair play” (in essence: more transparency and financial responsibility) in order to address a problem highlighted in Platini’s foreword: “[t]he many clubs across Europe that continue to operate on a sustainable basis (…) are finding it increasingly hard to coexist and compete with clubs that incur costs and transfer fees beyond their means and report losses year-after-year”.

According to the report, most European football clubs face recurrent losses. The most important leagues, both on the sporting level and economically wise, are the ones with the greater aggregated debt: Premier League Clubs have a net debt of approximately 4000 million euros, followed by Spanish First Division Clubs with a debt of nearly 1000 million.

The inevitable question is: how do clubs operate in spite of such losses? In many instances shareholder’s contributions do the job, but in many other situations clubs subsist thanks to public intervention, which in some cases could qualify as State aid. In the sports sector, as in any other, State aid can appear under multiple guises (e.g. direct subsidization; sponsorship under non-market conditions; non-collection of tax or social security debts; aid for the construction of sports infrastructure; etc). One would expect the European Commission to intervene increasingly more in this sector or, alternatively, to lay down specific rules for the assessment of State aid in the world of sports.

Secondly, the report insists on the fact that the financial perspectives of European clubs presage an even worse future. The report seems to blame the constant increase in player’s salaries, which amount to more than 60% of clubs’ expenses, a proportion that is steadily rising. It is on the basis of this and similar data that UEFA has for some time been proposing to establish a salary cap in European football. The compatibility of a salary cap with EU competition law is unclear. In fact, it was listed as one of the “main pending and undecided issues” in Annex I to the White Paper on Sport: sport and EU competition rules.

All the above seems to confirm something I mentioned on a previous post: the world of sports will be an important and growing source of interesting and complex competition-related issues in the very near future.

Written by Alfonso Lamadrid

4 March 2010 at 8:25 am

Drawing Inferences from S&D Law

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Many thanks for your answers. Some readers got it right, others not. To be fair, the question was poorly formulated, and many alternative explanations could apply.

Scott Summer from the Money Illusion provides the answer, and comes back on the question:

I teach at an institution that is well above average, and here is what I have found.  Almost every single student comes into EC101 knowing the impact of supply and demand shocks.  Tell them a frost hits the Florida orange crop, and they can explain what happens to the price of oranges.  Tell them millions of Chinese start buying cars and they can tell you what happens to the price of oil.
I also find that almost no student comes into my class knowing how to interpret price and quantity data.  And what is worse, they leave the course equally ignorant.  I often ask the following question to upper level econ or MBA students who have already taken principles:
Question: A survey shows that on average 100 people go to the movies when the price is $6 and 300 people go when the price is $9.  Does this violate the laws of supply and demand?
Very, very few can answer this question, especially if you ask for an explanation.  Even worse, I think there is a perception that there is something ‘tricky’ about this question, something unfair.  In fact, it is as easy a question as you could imagine.  It’s basic S&D.  It’s merely asking students what happens when the demand for movies shifts.  I cannot imagine a less tricky question, or a more straightforward application of the laws of supply and demand.  In the evening hours the demand for movies shifts right.  Price rises.  Quantity supplied responds.  What’s so hard about that?  And yet almost no student can get it right.  Our students enter EC101 knowing one of the two things they need to know about S&D, and they leave knowing one of the two things they need to know about S&D.  Maybe instead of having them memorize mind-numbing lists of “5 factors that shift supply,” and “5 factors that shift demand,” we should just tell them to read something that will explain what economics is all about, something that portrays economists as detectives trying to solve the identification problem, something like Freakonomics.

(Image possibly subject to copyrights: source here)

Written by Nicolas Petit

1 March 2010 at 11:02 am

Posted in Uncategorized

Basic but Tricky Econ. Question

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Question: A survey shows that on average 100 people go to the movies when the price is $6 and 300 people go when the price is $9.  Does this violate the laws of supply and demand?

Any idea?

Written by Nicolas Petit

25 February 2010 at 7:00 am

Posted in Uncategorized

2.0

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Derecho de la competencia has upgraded. see http://lalibrecompetencia.com/

New design, new name and more contributors from different jurisdictions of Latin America:

In addition to Juan David, Ignacio de León (Venezuela, Queen Mary U. of London),Pablo Márquez (Colombia, Harvard U.and U. of Oxford), Victor Pavón Villamayor (México, U. of Oxford), Javier Tapia (Chile, U. College of London), Leopoldo Ubiratan (Brazil, LSE and U. of Sao Paulo) and Natalia Barrera (Colombia, U. Javeriana), have joined the venture.

If I understand well the blog puports to create a news and discussion platform for people interested in Latin American Competition Policy, Law and Economics. A warm welcome to the new contributors, and congrats to Juan David!

Written by Nicolas Petit

10 February 2010 at 11:31 am

Posted in Uncategorized

Revelation

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The brilliant, prolific, US judge and scholar Richard Posner recently had a revelation.  See here. Not a philosophical U-turn, but close.

Found on D. Gutierez’s blog.

(Image possibly subject to copyrights: source here)

Written by Nicolas Petit

29 January 2010 at 4:17 pm

Posted in Uncategorized

Dissertation Summaries (15) – LLM in IP and Competition Law 2009-2010

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European Competition Policy and the Lisbon Treaty: Dawn of a new era or business as usual?– Patrick Vincent (P.Vincent@student.ulg.ac.be)

In the post-Lisbon Treaty era, the reference to “free and undistorted competition” previously enshrined in Article 3(g) EC has disappeared from the forefront of the EU treaties. The present dissertation seeks to assess whether the elimination of this provision – and its replacement by a Protocol appended to the Treaty – is likely to affect the effectiveness of European competition policy. Whilst scholars are divided on this issue, there nonetheless seems to be a growing concern that European competition policy might as a result be increasingly influenced by external, public-policy, considerations, which to date have played a marginal role in the Commission’s orthodox enforcement policy. To test the veracity of this proposition, the present dissertation will review a number of concrete practical issues (environmental agreements, etc.), where considerations alien to core competition concerns might be invoked by stakeholders.

Written by Nicolas Petit

26 January 2010 at 2:12 am

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Bad Legal Advice and the “Shaming” of Colleagues with Poor Performance

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Prof W. Simon (Stanford Law School) has a controversial, amusing, piece on academics providing legal advice. In essence, Simon argues that the incentives’ structure and informational opacity surrounding academics’ advisory work leads to “bad legal advice“. In his paper, Simon seeks to provide empirical evidence of this. To this end, he actually trashes three US colleagues, who allegedly delivered bad advice in a case he was involved in.

To correct this market failure, Simon suggest a remedy consisting in increasing transparency and publicly “shaming” colleagues (disclosing their names) with poor performance. Prof. Green (Fordham University)wrote a strong rebuttal.

I paste hereafter Simon’s conclusion.

Read the rest of this entry »

Written by Nicolas Petit

25 January 2010 at 11:02 am

Posted in Uncategorized

My Slides – IEB/Universidad Complutense Programme – Madrid

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I attach the slides I presented in Madrid. The first set of slides is an introduction to EU competition law. The second set of slides deals with the concepts of agreements, concerted practices and decisions of associations of undertakings.

General introduction – xiii_curso_de_derecho_de_la_competencia_ieb (1

Agreements decisions of association of undertakings and concerted practices – xiii_curso_de_derecho_de_l

BTW: Iberia is amongst the least professional and reliable airlines. My flight, which was supposed to leave Madrid yesterday at 7.15 pm, eventually left at 3.15 am. I arrived at home this morning around 7.00 am…. This is not the first time I have problems with this company. I filed a formal complaint. Let’s see how things turn out.

(image possibly subject to copyrights: see here)

Written by Nicolas Petit

18 January 2010 at 3:40 pm

Posted in Uncategorized