Articles
Articles
- Competition Culture and the Cultural Dimensions of Competition
- "The death of Antitrust leniency?: Reviving a key self-reporting and prosecutorial mechanism"
- A panacea for competition law damages actions in the EU? A comparative view of the implementation of the EU Antitrust damages directive in sixteen member States
- An economic approach to antitrust analysis of discriminatory licensing, grantbacks and cross-licenses, no-challenge clauses, and patent thickets
- Anticompetitive Mergers in Labor Markets
- Antitrust Out of Focus: The FTC’s Myopic Pursuit of 1-800 Contacts’Trademark Settlements
- Antitrust Populism: Towards a Taxonomy
- Antitrust.com: Navigating European Enforcement Priorities in Online Distribution
- Antitrust: Updating Extraterritoriality
- Apple v. Pepper: Rationalizing Antitrust’s Indirect Purchaser Rule
- Are ’FANGs’ Monopolies? A Theory of Competition under Uncertainty
- Are legacy airline mergers pro- or anti-competitive? Evidence from recent U.S. airline mergers
- Big Tech Banking
- Buyer Power: Is Monopsony the New Monopoly?
- Cartel damages actions in Europe: How courts have assessed cartel overcharges
- Class Actions and Private Antitrust Litigation
- Collusion by Blockchain and Smart Contracts
- Common Ownership and Coordinated Effects
- Comparing China’s Fair Competition Review System to EU State Aid Control
- Competing architectures for regulatory and competition law governance
- Competition Law Prescriptions and Competitive Outcomes Insights from Southern and East Africa
- Competition Policy and Gender
- Competitive Cross-Subsidization
- Conditional pricing and the AEC test – A happy marriage or an awkward couple?
- Data Standardization
- Defining Geographic Markets with Willingness to Travel Circles
- Discovering new spheres of Antitrust damages quantification: The European Commission, National Courts, and Guidelines on Passing-On
- Discretionary Authority and Prioritizing in Government Agencies
- Do State Reviews of Communications Mergers Serve the Public Interest?
- Due Process and Transparency Requirements for Investigating Competition Cases in Taiwan
- Economics of Excessive Pricing: An Application to the Pharmaceutical Industry
- Effective Public Enforcement of Cartels: Rates of Challenged and Annulled Cartel Fines in Ten European Member States
- Ensuring innovation through participative antitrust
- European champions – Why politics should stay out of EU merger control
- Fintech and Access to Data
- Five Principles for Vertical Merger Enforcement Policy
- Forward Contracts, Market Structure, and the Welfare Effects of Mergers
- Four Key Aspects of the Tronox/Cristal Litigation
- Framing the Chicago School of Antitrust Analysis
- FRAND and Antitrust
- FTC v. Qualcomm: New Frontiers in the Antitrust-IP Interface
- Governing China’s administrative monopolies under the Anti-Monopoly Law: A ten-year review (2008–2018) and Beyond
- Governing the Patent Commons
- Guiding principles in setting cartel sanctions
- Harmful Signals: Cartel Prohibition and Oligopoly Theory in the Age of Machine Learning
- How mergers affect innovation: Theory and evidence
- Hunting Unicorns? Experimental Evidence on Exclusionary Pricing Policies
- Increasing Market Power and Merger Control
- Interstate Circuit and Conspiracy Theories
- Labour markets: a blind spot for competition authorities?
- Legal Professional Privilege in EU Antitrust Enforcement: Law, Policy & Procedure
- Machine learning with screens for detecting bid-rigging cartels
- Means and Ends in Competition Law Enforcement
- Measuring Benchmark Damages in Antitrust Litigation: Extensions and Practical Implications
- Merger review with intermediate buyer power
- Mobile telecommunications mergers in the EU – Remedies revisited
- Must Class Certification Evidence Be Admissible?
- Nothing to see here! Clearing the Deal in the Initial HSR Waiting Period
- One Size Does Not Fit All: A Comparative Approach to Antitrust Enforcement Against No-Poaching Agreements
- Online Platforms, Agency, and Competition Law: Mind the Gap
- Optimizing Multistate Merger Reviews: Cooperation, Communication and Coordination
- Perils of the Perilous-Leading Theory and Output Decisions
- Platforms and the Rule of Reason: The American Express Case
- Platforms, Power and the Antitrust Challenge: A Modest Proposal to Narrow the U.S.–Europe Divide
- Playing Both Sides: Branded Sales, Generic Drugs, and Antitrust Policy
- Posner on Vertical Restraints
- Potential Competition and Nascent Competitors
- Presumptions and Burden of Proof in EU Competition Law: The Intel Judgment
- Preventing corruption, supplier collusion and the corrosion of civic trust: a procompetitive program to improve the effectiveness and legitimacy of public procurement
- Price Caps as Welfare-Enhancing Coopetition
- Prima Facie Evidence in Cartel Damages Litigation - Landmark Decision by the German Federal Court of Justice in the Rail Cartel Case
- Procedural Fairness in Hong Kong Competition Law
- Protecting Competition in the American Economy: Merger Control, Tech Titans, Labor Markets
- Rule of Law Crisis, Judiciary and Competition Law
- Screening Instruments for Monitoring Market Power − The Return on Withholding Capacity Index (RWC)
- Seventh Circuit Sets Up Potential Supreme Court Review of FTC Monetary Relief Authority
- Six Easy Steps to Better Merger Control Reviews: Recommendations for Competition Agencies Across the Globe
- Standalone Hold Separate Orders as Remedies in Chinese Merger Control
- Sustainable and Unchallenged Algorithmic Tacit Collusion
- The American Express Opinion, Tech Platforms & the Rule of Reason
- The Antitrust Division’s Corporate Leniency Program
- The Case for Placing Limits on Private Litigation of Excessive Pricing
- The Case for Unfair Methods of Competition Rulemaking
- THE CONTINUING SAGA OF HOSPITAL MERGER ENFORCEMENT
- The Economics of Professional Sports League Broadcasts
- The effects of global leniency programs on margins and mergers
- The German FCO’s decision against Facebook: a first step towards the creation of digital house rules?
- The Interactions of Competition Law and Investment Law: The Case of Chinese State-Owned Enterprises and EU Merger Control Regime
- The logic of market definition
- The Next Frontier of International Cooperation in Competition Enforcement
- The Obligation for the Competition Authorities of the EU Member States to Apply EU Antitrust Law and the Facebook Decision of the Bundeskartellamt
- The Politics of M&A Antitrust
- The principle of relative responsibility for harm in the Directive 2014/104/UE
- The Separation of Platforms and Commerce
- The temporal scope of the damages directive: A comparative analysis of the applicability of the new rules on competition infringements in Europe
- The Warren Court: A Distant Mirror? Part II—The Two Most Ardent Trustbusters: Hugo Black and William O. Douglas
- To discriminate or not to discriminate? Personalised pricing in online markets as exploitative abuse of dominance
- Trade Openness and Antitrust Law
- Transaction costs and competition policy
- Twelve Fallacies of the ’Neo-Antitrust’ Movement
- Understanding AI Collusion and Compliance
- Understanding and Un-Tying Product Hopping Litigation
- Understanding the FTC’s Monetary Equitable Remedies Under Section 13(b) for Antitrust Violations
- Up or Down? The Price Effects of Mergers of Intermediaries
- US/EU: The convergence and specifics of EU competition law and American antitrust law regarding the prohibition of price scissors as constitutive of abuse of dominance
- Vertical Mergers: Is It Time to Move the Ball?
- Waging the Merits War at Class Certification: Does Expert Evidence Streamline the Process?
- What determines antitrust fines in China?
- What’s Next in Apple Inc. v. Pepper? The Indirect Purchaser Rule and the Economics of Pass-Through
- Wholesale price discrimination: Innovation incentives and upstream competition
- Why Property Law does not support the Antitrust abandonment of standards
- Creation of the Procurement Collusion Strike Force
- "A New Model for Incentivizing Antitrust Compliance Programs": Changes to DOJ Antitrust Enforcement
- A Dramatic Shift in Health Care Pricing Transparency
- A F/RAND Commitment Does Not Bar Injunctive Relief According to New DOJ, USPTO and NIST Policy Statement on Remedies for Standards-Essential Patents
- A Piece Explaining How the FRAND Licensing Dispute that Has Affected Connected Cars Is Spilling Into The Whole Iot Device Sector
- A Road Map to Assessing Local Market Mergers
- A Shift on Standard-Essential Patent Remedies? DOJ, USPTO, and NIST Issue New Joint Policy Statement
- A STRONGER SECOND COMPETITOR? ANALYZING THE COMPETITIVE EFFECTS OF THE BETH ISRAEL LAHEY HEALTH TRANSACTION
- ACCC exploring whether Australia’s merger control regime needs changing
- Algorithmic Tacit Collusion Is A Limited Threat To Competition
- Algorithms in the Spotlight of Antitrust Authorities
- Alleged “Transactional Device” For Avoiding Merger Filings Subject of DOJ and EU Fines
- An Examination of Global Class Action Regimes after Godfrey
- Answer to Iancu’s SEP Policy Call Is in Plain Sight
- Antitrust in Labor Markets: Insights from the FTC Hearings on Competition and Consumer Protection in the 21st Century
- Antitrust Intelligence: Six Tips for Talking to AI developers about Antitrust
- Antitrust Remedies in Highly Regulated Industries
- Antitrust Takeaways for Tech from New Australian Report
- Apple Antitrust: Contractual Privity Trumps Proximate Cause Under Illinois Brick, But Maybe Not Under Associated General Contractors?
- Arbitrability - Which is to Be Master?
- Artificial Intelligence And Blockchain: An Introduction to Competition Issues
- As Efficient Competitor Test: An Overview of EU and National Case Law
- Big Data And Online Advertising: Emerging Competition Concerns
- Britned Development V ABB: Are There Lessons to Be Learned on the Use of Economics and Econometrics in Cartel Damages?
- California’s New Reverse Payment Law Departs from Supreme Court Standard in FTC v. Actavis
- Canon/Toshiba: The Death of the Two-Step?
- Checking In on PeaceHealth: Providing Some Clearer Guidance to Bundling Sellers
- China’s SAMR Ramps Up Antitrust Enforcement
- Class and collective actions in the UK (England & Wales)
- Class/collective actions in Germany: overview
- Commission seeks interim measures for the first time in 18 years
- Competition Bureau Publishes Final IP Enforcement Guidelines
- Competition Law in Taiwan And Indonesia Captive to Politics, Business Interests
- Competition Policy within the Context of Free Trade Agreements
- Competitive Edge: Revitalizing U.S. antitrust enforcement is not simply a contest between Brandeis and Bork—look first to Thurman Arnold
- Connected Compliance: The Global Case for Integration
- Continental Automotive v. Avanci: Wireless SEP Licensing Presents Challenges for Automotive Industry
- Create Your Own: Bespoke Antitrust Compliance Programs For Effective Compliance
- Crediting Compliance: U.S. DOJ Antitrust Division Reverses Long-Standing Policies and Issues Detailed Guidance on Corporate Antitrust Compliance Programs
- D.C. Circuit Affirms District Court’s Denial of DOJ’s Request for Injunction in AT&T-Time Warner Merger
- D.C. Circuit Upholds Denial of Class Certification Where Plaintiffs’ Economic Model Showed Uninjured Members
- Data Exploiting as an Abuse of Dominance: The German Facebook Decision
- Dawn raids: dealing with inspections by European competition authorities
- Derailing Class Certication in Antitrust Cases—The Hunt for Uninjured Class Members
- Development Of Prc Regulations On Cross Border Data Transfer
- Digital Deals to Push ‘Big Three’ Antitrust Jurisdictions into Alignment
- District Court Denies FRAND Breach of Contract and Sherman Act Summary Judgment Motions by ASUS and InterDigital
- District Court Holds That FRAND Commitment Does Not Require Licensing at Chip Level
- District Court Holds That Qualcomm Patent Licensing and Other Conduct Violates the Sherman Act
- Does Apple’s “Discrimination” Against Rival Apps in the App Store Harm Consumers?
- DOJ Antitrust Division Will Now Consider DPAs for Companies Demonstrating “Good Corporate Citizenship”
- DOJ Business Review Letter Provides Insights into Appropriate Safeguards for Standard-Setting Organizations
- DOJ resolves antitrust investigations into trade association standards-setting activity
- DOJ’S ANTITRUST DIVISION ELECTS BINDING ARBITRATION TO RESOLVE MERGER CHALLENGE
- EC Focus on Internal Documents: Time To Rethink The Architecture Of The EU Merger Control Process?
- Enhancing The "Carrot": DOJ Announces Changes to Its Antitrust Compliance Program Policy
- EU Court Confirms the Need for Transparency and Full Disclosure of Economic Analyses In EU Merger Cases (UPS/TNT)
- EU Foreign Direct Investment Regime Enters into Force
- EU’s Highest Court Expands Cartel Damages Liability for Corporate Parents and Successors
- European Commission Fines Qualcomm €242M for Predatory Pricing
- European Union and United States: Antitrust and Data
- Face the Nation
- Fair(er) Antitrust Enforcement: Will the ICN’s New Global Framework Improve Procedural Fairness for Businesses?
- FCA Issues First Penalties for Competition Infringements
- First blood: Hong Kong Competition Commission triumphs before the Tribunal
- Five Things Investors and Listed Companies Need To Know About The Common Ownership Debate and Why It Matters
- Flexibility and Discretion in the EU Commission’s Cartel Fines Calculation: Recent Decisions and Judgments
- FTC Action Highlights Antitrust Scrutiny of Non-Competes In M&A Deals
- FTC Finds Consummated Merger Anticompetitive, Orders Assets to be Divested
- FTC Sues e-Prescriptions Company in Rare Monopolization Case
- FTC Task Force to Scrutinize Competition in Tech Industry
- Giving Effect to the Remedy
- Growing Pains: Is Private Enforcement of State Aid Stuck In Adolescence?
- Heralding a New Era of Antitrust Enforcement in China: New Provisions on Monopolistic Agreements and Abuse of Dominance
- HSBC V. COMMISSION: JUST GIVE THEM A REASON
- Hybrid Theories - A Closer Look at the Qualcomm / NXP Decision
- If There, Then Here: How Gov’t Probes Help Antitrust Plaintiffs
- Implications and Questions Arising From The Supreme Court’s Antitrust Ruling in Apple, Inc. v. Pepper
- Important Developments In The ACCC’s Cartel Immunity Policy And Introduction Of Whistleblowing Tool
- Innocent Until Proven Guilty – Five Things You Need to Know About Killer Acquisitions
- Innovation, Technology and Deal-making
- INSIGHT: Aspects of U.K. CFC Rules Constitute Unlawful State Aid
- Insights from the Supreme Court’s Apple v. Pepper Decision
- Interim Measures Imposed on Broadcom: The Re-Awakening of a Once-Dormant Tool?
- Judicial Review of Merger Decisions: An Overview of EU and National Case Law
- Key Aspects Of DOJ’s Government Procurement Antitrust Initiative
- Key Concepts of Group and Control under the [Indian CCI’s] Competition Act, 2002
- Keys to Compliance—Practical Antitrust Issues Involving Trade Associations
- Kisor v. Wilkie: U.S. Supreme Court Upholds – But Limits – Auer Deference
- Landmark Decision Suggests A Tough Approach By The FCA To Information Exchange And Its Enforcement Of Competition Law In The UK
- Legacy of Vestager’s First Term (Series)
- Let Me Ride: No Short-Cuts In the Antitrust Analysis of Ride Hailing
- Managing Timing of Multi-Jurisdictional Review
- Merger Approval Takes Too Long
- Merger Lore: Dispelling the Myth of the Maverick
- New Anti-Monopoly Regulations in Force in China
- New EC Guidelines Reshuffle the Passing-On Game - The European Angle
- Opportunity and Risk: Standard Antitrust Clauses In Share and Asset Purchase Agreements
- Philippines: The Supreme Court issues the rules for inspections for administrative investigations by the Philippine Competition Commission
- Preferability and Proposed Changes to Ontario’s Class Action Legislation: Implications for Private Antitrust/Competition Enforcement
- Prevention is Better than Cure: Hong Kong Competition Commission Clarifies Approach to Information Exchange
- Price Parity Clauses and Online Platforms: Is There a New Way Forward?
- Procurement Collusion Strike Force and Implications for US Companies and Beyond
- Qualcomm’s “No License, No Chips” Program Violates Antitrust Laws
- Revised Jurisdictional Thresholds Under the HSR Act and for the Prohibition of Interlocking Directorates
- Should We Disrupt Antitrust Law?
- Some Economic Concerns about Policies to Reduce Prescription Drug Prices
- Spotlight on the ACCC: Are there lessons ASIC and APRA could learn?
- Taking Stock of the Collective Proceedings Regime in the Competition Appeal Tribunal – A Successful Compromise?
- The Antitrust Division of the US Department of Justice announces new policy to consider the existence of effective antitrust compliance programs at the charging stage of criminal antitrust investigations
- The CMA Remicade Decision: Discount Schemes and Abuse Of Dominance – Effects Matter!
- The Enduring Rationale for “Limits of Antitrust”
- The EU Commission Imposes a fine of €28 million for “gun-jumping” on a japanese manufacturer of imaging and optical products
- The European Commission Fines Google EUR 1.49 Billion for Practices Relating to its AdSense Online Search Advertising Intermediation Activities
- The European Commission’s Report on Syndicated Loans and Competition Compliance
- The First EU General Court judgment on State Aid through tax rulings – are there wider implications?
- The German Amazon Marketplace Agreement Case: A Landmark Settlement with Global Reach or More Hype Than Substance?
- The Price Conundrum
- The Repeal of the IP Exception : Competition Law Exposure in the Pharmaceutical and Life Sciences Sector
- The UK criminal cartel offence
- Third Point Funds Fined for HSR Violation
- Three Tech Competition Concerns
- Transaction “Designed” to Evade Merger Control Leads to U.S. and EU Penalties
- U.S. Supreme Court: Antitrust ’Direct Purchaser’ Rule Survives, But So Do Monopolization Claims Against Apple
- UK Class Actions: Back Under the Spotlight
- UK Merger Control: CMA Interventionism on the Rise
- UK public bids: interaction between the Takeover Code, merger control rules and other regulatory controls
- United States: Cartels
- UnitedHealth-DaVita and Trends in Vertical Merger Enforcement
- Unprecedented Agency Divergence On Antitrust Enforcement
- US MERGER CONTROL IN THE PHARMACEUTICAL SECTOR
- What is Noerr-Pennington Immunity and Is this Doctrine a Defense to an Antitrust Case?
- When One Door Closes: Court Requires Divestiture In Long-Consummated Merger
- Whistling in the Wind? DOJ’s Unusual Statement of Interest in FTC v. Qualcomm Case Highlights Disparity Between U.S. Antitrust Agencies on FRAND, SEPs, & Competition Law
- Why Isn’t “Deterrence” Included in the Measurements of Antitrust “Enforcement”?
- Will introducing payments for antitrust whistle-blowing in China prove to be a compliance game changer?
- You can’t spell FinTech without FTC
- “Follow the Money” - Mapping issues with digital platforms into actionable theories of harm
- 5 Antitrust Trends for Private Equity to Watch
- 5 Things You Need To Know About The Debate: Whether “Common Ownership” Of Competitors By Institutional Investors Raises Antitrust Concerns
Articles
Articles