Antitrust Writing Awards 2018 Washington, DC April 10, 2018 US Court of Appeals, DC Circuit, Judge awards.concurrences.com JURY The Jury is comprised of the Board, the Academic and Business Steering Committees, the Editorial Committee and the Readers. Each of these contributed to the selection process of academic and business articles as well as soft laws. The Editorial Committee of Concurrences Review selected a pool of 220 articles out of more than 500 submissions from the two Steering Committees and the Readers. Then, the Steering Committees and the Readers voted for their favorite articles, resulting in a short list of 40 finalists (20 Academic and 20 Business). Finally, the Board nominated 20 award-winning articles. As for soft law, the Editorial Committee invited competition agencies to submit their soft law documents. The Steering Committees members and the Readers then voted for the 5 best documents. Board Academic Steering Committee • Andrea COSCELLI, Competition and Markets Authority UK • Pinar AKMAN, University of Leeds • Alison JONES, King’s College London • John ASKER, University of California, Los Angeles • Marina LAO, Seton Hall University, School of Law • Douglas GINSBURG • David BAILEY, King’s College, London • Ioannis LIANOS, University College London US Court of Appeals, DC Circuit • Caron BEATON-WELLS, Melbourne Law School • Sandra MARCO COLINO, The Chinese University • Christian BOVET, University of Geneva Law of Hong Kong • Frédéric JENNY School • Douglas MELAMED, Stanford Law School OECD Competition Committee • Dennis CARLTON, University of Chicago, • Aviv NEVO, University of Pennsylvania Booth School of Business • Nicolas PETIT, University of Liege • William KOVACIC • Thomas CHENG, University of Hong Kong • Daniel SOKOL, Levin College of Law, George Washington University Law School • Ariel EZRACHI, Oxford University University of Florida • Harry FIRST, New York University School of Law • Florian WAGNER-VON PAPP, University College • Johannes LAITENBERGER • Eleanor FOX, New York University School of Law London DG COMP • Michal GAL, University of Haifa • Xiaoye WANG, Institute of Law - Chinese Academy of Social Sciences • Doris HILDEBRAND, Vrije Universiteit, Brussels • Maureen OHLHAUSEN • Wouter WILS, King’s College London • Angela HUYUE ZHANG, King’s College, US Federal Trade Commission London & University of Hong Kong • Huang YONG, University of International Business and Economics • John PECMAN Competition Bureau, Canada Business Steering Committee • Alejandra Palacios PRIETO Federal Competition Commission of Mexico • Andrea APPELLA, 21st Century Fox • Gabriel MCGANN, Coca-Cola • Sanna-Maria BERTELL, Procter & Gamble • James MURRAY, Intel • Brent SNYDER • David BLONDER, BlackBerry • Jeff OGAR, Georgia-Pacific Hong Kong Competition Commission • Marc BROTMAN, Pfizer • Gil OHANA, Cisco • Olaf CHRISTIANSEN, Bertelsmann • Johanne PEYRE, Pearson • Danielle CLARK, HP • Alvaro RAMOS, Qualcomm Editorial Committee • Anna Rosa COSI, WDC • Anne RILEY, Shell International • Malik DHANANI, Mastercard • Nikhil SHANBHAG, Facebook • Nicolas CHARBIT, Chief Editor, Concurrences Review • Martin d’HALLUIN, News Corp • Greg SIVINSKI, Microsoft • Fanny MEJANE, Deputy Chief Editor, Concurrences Review • Wolfgang HECKENBERGER, Siemens • Mathias TRAUB, Bosch • Edouard VERTE, Deputy Chief Editor, e-Competitions • Camilla HOLTSE, Maersk • Martim della VALLE, Anheuser-Busch InBev NV • Carolina MALHADO, Managing Editor, Concurrences Review • Susan JONES, Novartis • Suzanne WACHSSTOCK, American Express • Ellie YANG, Associate Editor, Concurrences Review • Dina KALLAY, Ericsson • Maria WASASTJERNA, Nokia • Sonia AHMAD, Associate Editor, Concurrences Review • Gail LEVINE, Uber • Michelle YIP, HSBC • Aviv AVNI, Associate Editor, Concurrences Review • Rosanna LIPSCOMB, Google • Gary ZANFAGNA, Honeywell International CONTENTS FOREWORD Foreword 1 William Kovacic’s Welcome Remarks 2 Andrew Finch’s Opening Remarks 3 Andrea Coscelli & Soft Law Awards 4 Alejandra Palacios Prieto Bill Kovacic Nicolas Charbit & Best Academic Articles 7 George Washington University Concurrences Review Brent Snyder & Best Business Articles 13 Newsletters Ranking 19 Reception & Dinner 24 he Antitrust Writing Awards have Alejandra Palacios Prieto, and Brent Testimonials 26 T become, over the years, an exclu- Snyder - and Academic and Business Rules 31 sive platform for antitrust writers and Steering Committees composed of thinkers to share their ideas on the global leading academics and in-house Survey Report 33 stage. Again this year, these Awards counsels. Readers contributed to the provided the best articles published in selection process by voting for competing 2017 with a unique readership while articles and soft laws. We are most rewarding antitrust excellence. thankful to the jury members who spent valuable time reading and reviewing the The 2018 Antitrust Writing Awards selected articles and soft laws, as well consisted of: as to our sponsors who made these Awards possible. > “Best Articles”: Awards for the best academic publications (peer-reviewed The “Best Newsletters” Ranking & journals) and for the best business publi- Awards rewards antitrust professional cations (non-peer-reviewed journals, publications considered overall, as briefs, memoranda, blogs, etc.) published opposed to the Articles Awards which by individual authors. reward individual articles. Out of more than 80 law fi rms’ publications reviewed, > “Best Soft Law”: Selection of the best the Editorial Board selected 30 profes- non-enforcement tools published by sional antitrust publications to provide National Competition Agencies such as guidelines, market studies, white papers, practitioners with a useful description etc. and ranking. Such publications include newsletters, blogs, but also client briefs > “Best Newsletters”: Ranking and and memoranda. The Ranking is based Awards of the best antitrust newsletters on the publications freely made available by law fi rms. between January to December 2017 on the websites of law fi rms reviewed. The articles and soft law were selected by the Jury. The 2018 Jury consisted of We will continue putting our best efforts a Board - Andrea Coscelli, Douglas to ensure the greatest circulation of Ginsburg, Frédéric Jenny, William academic and professional expertise Kovacic, Johannes Laitenberger, through quality articles as well as innova- Maureen Ohlhausen, John Pecman, tive soft laws in the antitrust fi eld. Antitrust Writing Awards 2018 - 1 WELCOME REMARKS WILLIAM KOVACIC PROFESSOR, GEORGE WASHINGTON UNIVERSITY LAW SCHOOL, COMPETITION AND MARKETS AUTHORITY, NON- EXECUTIVE DIRECTOR ill Kovacic - Professor, The George Washington University the law is still constantly Competition Law Center and Non-Executive Director, undergoing significant B UK Competition and Markets Authority - welcomed the developments and changes. enforcers, academics and private practitioners by first underlining In some other parts of the the importance of the Antitrust Writing Awards. Professor Kovacic world where antitrust law is remarked that by recognizing superior writing in academia and a fairly new concept, there is practice, the Awards celebrates and enhances the indispensable even more work that needs intellectual infrastructure of the antitrust field. to be done. This background, Professor Kovacic said, Professor Kovacic looked back at the six previous editions of the highlights the importance of Antitrust Writing Awards and expressed how pleased he was to international conversation in see the continued and growing enthusiasm that antitrust practi- the antitrust community. tioners show in this annual celebration of new antitrust ideas and Platforms such as the Antitrust Writing Awards, where practitio- practices. The Awards provides an opportunity for all the bright ners from around the world gather to exchange ideas and talk, minds in the antitrust field to meet and exchange ideas. are becoming more and more indispensable to the advancement of antitrust law. The international aspect of the Awards should also be emphasized, Professor Kovacic remarked. Antitrust law is relatively new and Professor Kovacic concluded his remark by extending an invita- less developed than many other areas of law. Even for US and tion to all antitrust practitioners worldwide to keep sharing their Europe, where antitrust law has a comparatively longer history, ideas and insights through their writings. 2 - Antitrust Writing Awards 2018 OPENING REMARKS ANDREW FINCH PRINCIPAL DEPUTY ASSISTANT ATTORNEY GENERAL - ANTITRUST DIVISION, US DEPARTMENT OF JUSTICE ndrew Finch, Principal Deputy Assistant Attorney the test we still apply to the vast General, Antitrust Division, US DOJ, opened his majority of challenged conduct, A remarks by highlighting the value of good writing and weighing procompetitive its role in antitrust law. benefits against anticompetitive effects.” Similarly, he used Stating that while clear and effective writing is essential to all Judge Learned Hand’s Alcoa branches of the legal profession, he emphasized that it is especially opinion, written in 1945, as an important to the domain of antitrust law. As it is a common-law important lesson for enforcers, field, it presents opportunities for persuasive lawyers and judges stating that “it continues to to make their case for the proper interpretation or application of teach us not to punish a firm short statutory phrases. Moreover, it relies heavily on economics. due to its size or natural commercial success…” He stated that