Negotiation: In the shadow of competition law

Concurrences Review, Aymeric de Moncuit, September 2021, N° 3-2021

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The article explores a crucial but still unexplored dimension of competition law - negotiation. It discusses the two types of negotiations in competition law, namely, vertical (negotiation in the asymmetry of power) and horizontal (arm’s length negotiation), then it delves into the lessons from US-pioneered “principled negotiation”, in particular, those applicable to asymmetric negotiations between enterprises and regulators.

Authors

Aymeric De Moncuit
Mayer Brown

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