Sunday, October 31, 2010

Vince Cable on Competition Policy in the UK

From the Speech given to the Confederation of British Industry - 25 October 2010:

"What business does however need to know to promote growth is that there are clear, consistent rules to govern business behaviour. Which brings me on to competition policy. Competition is one of the great drivers of growth, keeping prices low for consumers, driving innovation, experimentation and investment.
When I used my party conference speech to suggest the need for a more active competition policy, this was interpreted as some kind of modern Marxism. Far from it – this is a defence of capitalism, not an assault.
And the UK’s competition regime is regarded as one of the best in the world – particularly because of its independence and the transparency of decision making. And the EU regime on top of it – including the system of state aid rules that helps to prevent subsidy wars - is one of the Community’s most successful activities.
But there is scope for improvement. In particular, there are difficulties in successfully prosecuting anti-trust cases and a paucity of market investigation cases. I would also like to question whether our current system of sector-specific regulation is ideal, or could we achieve something better through cross sector regulation.
A system that is too slow imposes unacceptable costs on the regulated, and is an insufficient deterrent for would-be abusers of a dominant position. Competition Act cases have taken on average three and a half years between the investigation to a final decision. This is too slow – hardly the “efficient and timely processes” that the CBI has called for.
I also want to ask if we are making enough investigations. Our rate of three or four a year looks odd compared to 15 in France and even more in Germany.
In the New Year, the Government will consult on proposals to deliver more streamlined and consistent processes - including bringing the Competition Commission and the competition functions of the Office of Fair Trading together to form a single competition authority, which I hope will be more proactive in addressing problems."

Wednesday, October 27, 2010

Is IP Good or Evil? A Vatican's Perspective

Statement by H.E. Archbishop Silvano M. Tomasi, Permanent Representative of the Holy See to the United Nations and Other International Organizations in Geneva (from KEI)

Facts and Figures on Copyright Three-Strike Rule in South Korea

Heesob Nam, here.

Monday, October 11, 2010

Network Neutrality: What a Non-Discrimination Rule Should Look Like

Barbara Van Schewick, here.

Un signe qui identifie un site et non une marque n’est pas une contrefaçon

Tribunal de Grande Instance de Paris 3ème chambre, 2ème section Jugement du 01 octobre 2010
Place des Tendances / Promod, (Legalis.net)

European Antritrust Deal With Microsoft Barely Affects Browser Market

NYT, here.

Expertenanhörung zum Thema "Netzneutralität - Kapazitätsengpässe, Differenzierung, Netzwerkmanagement"

Bericht.

From "Radical Extremism" to "Balanced Copyright": Canadian Copyright and the Digital Agenda

Michael Geist, Introduction. From October 14th the book will be available in both paper and as a Creative Commons licenced download.

Kompendium Internetrecht aktualisiert

Prof. Thomas Hoeren, hier.

Australian Competition and Consumer Commission has authorised Liquor Stax Australia to collectively bargain with a range of wholesale suppliers

Final detemination.

US Department of Transportation Proposes to Approve Antitrust Immunity for U.S.-Japan Aviation Alliances

Here.

Heizstrom – Marktüberblick und Verfahren

Bundeskartellamt, s. Bericht.

Der dritte Korb im Interesse von Bildung und Wissenschaft

NEUREGELUNG DES URHEBERRECHTS: ANLIEGEN UND DESIDERATE FÜR EINEN DRITTEN KORB (Wissenschaftsallianz) und Stellungnahme  des Börsenvereins. Heise online berichtet über ein lebhaftes Fachgespräch der SPD-Bundestagsfraktion insbesondere zum formatgleichen Zweitveröffentlichungsrecht.

Council of Europe: Declaration of the Committee of Ministers on network neutrality

Here.

Monday, October 04, 2010

Wednesday, September 29, 2010

WIPO's Medium Term Strategic Plan 2010-15

Here.
Concerning the SCCR, strategies include:

               "continuing to support the work of Member States on copyright limitations and exceptions, with a particular focus on improving access for visually impaired and other persons with print disabilities, while accelerating work with respect to access for persons with other disabilities, educational institutions, libraries and archives;

                continuing to support the work of Member States on the protection of audiovisual performances and on the protection of broadcasting organizations;

                exploring the scope for discussion of new issues with important global consequences, such as orphan works or the need for increased cooperation between copyright owners and Internet intermediaries in the making available of legitimate creative content, and encouraging consideration of self-regulatory, as well as formal solutions".

Using Competition Law to Promote Access to Knowledge

Sean Flynn, here.

Monday, September 27, 2010

(American) Football, Copyright, and Innovation

NYT, here.

Copyright law needs a digital-age upgrade

Pamela Samuelson, here, and by the same author et al.  THE COPYRIGHT PRINCIPLES PROJECT: DIRECTIONS FOR REFORM

Derechos de retransmisión de acontecimientos futbolísticos en España

Apertura de un expediente sancionador por posibles prácticas restrictivas de la competencia, por vincular la reventa de derechos de retransmisión de acontecimientos futbolísticos a la contratación de los servicios de producción y transporte de la señal de partidos de fútbol, Comunicado de Prensa.

Competition for High Tech Employees

US JUSTICE DEPARTMENT REQUIRES SIX HIGH TECH COMPANIES TO STOP
ENTERING INTO ANTICOMPETITIVE EMPLOYEE
SOLICITATION AGREEMENTS, Press Release.

Koexistenz, keine Konkurrenz: Gedruckte Bücher und E-Books ergänzen sich

Börsenverein des Deutschen Buchhandels, hier.

EU Commission's Statement on Apple's iPhone policy changes

Google Suggest : le directeur de la publication condamné pour diffamation

TGI de Paris, 8 septembre 2010, ici

Friday, September 17, 2010

Antitrust in the Digital Age: How Enduring Competition Principles Enforced by the Federal Trade Commission Apply to Today’s Dynamic Marketplace

Richard Feinstein, FTC, here.

Open Source and Merger Policy: Insights from the EU Oracle/Sun Decision

Simonetta Vezzoso (this blog's author), hereInternational Review of Intellectual Property and Competition Law (IIC), Forthcoming.

Abstract:

In Europe the merger between Oracle and Sun raised a series of substantial competition concerns, especially related to the acquisition by Oracle of MySQL, an open source business, and its impact on the database market. In the end, the acquisition was unconditionally cleared by the Commission. The open source nature of MySQL played a decisive role in the competition assessment of the merger conducted by the European competition authority according to the "significant impediment to effective competition" legal test. In this Article we will review the Commission’s decision with the specific aim of determining to what extent the open source nature of MySQL’s business model actually affected the scrutiny of Sun’s acquisition by Oracle under the relevant test. In particular, it will be questioned whether Oracle’s public announcement concerning its future behaviour on the database and related markets can be expected to duly address the concerns voiced by the Commission in the course of the merger proceedings. We will conclude that Judge Easterbrook’s much quoted conclusion that «[t]he GPL and open-source software have nothing to fear from the antitrust laws» may possibly need some qualification.


Content:

I. Introduction
II. The EU Oracle/Sun Merger Decision
1. The legal background
2. The SIEC test in the context of the Oracle/Sun case
3. The SIEC test and MySQL’s open source nature
III. The competition assessment of open source in the context of merger policy: in search of a
balanced approach
IV. Conclusion

Thursday, September 16, 2010

EU Stakeholders Dialogue Memorandum of Understanding (MOU) on access to works by people with print disabilities

Here. See also the EU Commission's press release (thanks to Antonella De Robbio for pointing it to me).

UK Joint Merger Assessment Guidelines Released

From the Press Release: "The Office of Fair Trading (OFT) and Competition Commission (CC) have today for the first time published joint Merger Assessment Guidelines (...) The publication revises and expands guidance previously contained in several publications issued separately by the two Authorities after the introduction of the Enterprise Act 2002".

When Do Generics Challenge Drug Patents?

C. Scott Hemphill and Bhaven N. Sampat, here.

Competition in the Evolving Digital Marketplace

US House Judiciary Committee’s Subcommittee on Courts and Competition PolicyThursday 9/16/2010.


Written testimonies:
Richard Feinstein (Federal Trade Commission), here.
Geoffrey A. Manne (LEWIS & CLARK LAW SCHOOL),  here
Edward J. Black (Computer and Communications Industry Association), here.
Mark Cooper (Consumer Federation of America), here
Morgan Reed (Association for Competitive Technology), here
Scott Cleland (Precursor LLC), here.