Articles
- A Retrospective Analysis of the AT&T/Time Warner Merger
- Access to big data as a remedy in big tech
- Addictive technology and its implications for antitrust enforcement
- Agility over stability: China’s great reversal in regulating the platform economy
- Antitrust limits on patent settlements: A new approach
- Applying critical loss for market definition in merger analysis: Do court decisions offer insight?
- Attention oligopoly
- Autonomous algorithmic collusion: Q-learning under sequential pricing
- Calculating cartel damages
- Captive generics: The wolf in sheep’s clothing
- Cartel damages actions in Europe: How courts have assessed cartel overcharges
- Combatting corruption and collusion in UK public procurement: Proposals for post-Brexit reform
- Common ownership and merger control enforcement
- Common ownership: Do managers really compete less?
- Common ownership: Solutions in search of a problem
- Competing explanations for parallel conduct Lessons from the Australian detergent case (ACCC v Colgate-Palmolive)
- Competition law and human rights: A complex relationship
- Competition law in attempt to understand (luxury) trademarks
- Competition policy in the digital economy
- Concentration and rising market power: Fears and facts
- Consolidation of the state-owned enterprises in China: A missed opportunity for the EU Merger Control?
- Consumers and citizens: The future of the consumer welfare standard in global merger review
- Convergence or divergence: How does China analyse innovation concerns in merger review?
- Corporate social responsibility by joint agreement
- Data collaboratives, competition law and the governance of EU data spaces
- Data-driven mergers and personalization
- Data: How it affects competitive dynamics, how to value it, and whether to provide third-party access to it
- Debt, control, and collusion
- DOJ’s failure to prove its "Killer Acquisition" claim in Sabre/Farelogix and parallels to other recent government merger litigation losses
- Economic analysis of merger remedies
- Efficiencies in merger analysis
- Either with us or against us: Experimental evidence on partial cartels
- Estimating platform market power in two-sided markets with an application to magazine advertising
- Filling the regulatory gap to address foreign subsidies: The EC’s search for a level playing field within the internal market
- FRAND licensing commitments: Back to first principles
- From divergence to convergence: The role of intermediaries in developing competition laws in ASEAN
- Gender and collusion
- Gender considerations in the analysis of market definition and competitive effects: A practical framework and illustrative example
- Glory days: Do the anticompetitive risks of standards-essential patent pools outweigh their procompetitive benefits?
- Google/Fitbit: The starting point for a revolution in merger remedies in digital markets?
- Green antitrust: Friendly fire in the fight against climate change
- Herbert Hovenkamp as antitrust oracle: Appreciating the overlooked contributions of the New Harvard School
- Hong Kong, China, and the disruption of antitrust
- Impact of cartel enforcement on compliance in the chemical industry
- Implementation of the ECN+ Directive in 23 Member States: An introductory overview
- Innovating Big Tech firms and competition policy: Favoring dynamic over static competition
- Innovation under section 2 of the Sherman Act
- International abuses, EU solutions: Using EU structures to address the challenges of international antitrust
- Intersection of competition and regulation in abuse of dominance and monopolization
- Jeld-Wen: Opening the door to private merger challenges?
- Joint bidding and horizontal subcontracting
- Judicial review and the protection of privacy rights in dawn raids
- Lessons from the hare and the tortoise: Legally imposed selfregulation, proportionality and the right to defence under the DMA
- Market definition in the platform economy
- Measuring the incentive to collude: The vitamin cartels, 1990-99
- Mergers, antitrust, and the interplay of entrepreneurial activity and the investments that fund It
- Multilateral reverse payment settlements
- Negotiation: In the shadow of competition law
- Network interconnectivity and entry into platform markets
- Nondiscrimination in standard essential patents; ND Prong v. Art. 102(c) TFEU
- Options to strengthen the control of acquisitions by digital gatekeepers in EU Law
- Patents and price fixing by serial colluders
- Platform mergers and antitrust
- Private enforcement and gatekeeper regulation: Strengthening the rights of private parties in the Digital Markets Act
- Prosocial antitrust
- Protection of colour per se: Or, #FreeThePink and the battle over “Magenta”
- R you being foreclosed?
- Readoption by the European Commission of cartel decisions annulled on procedural grounds by the EU courts
- Realising the potential synergies between international trade and competition policy: Carrying forward the vision of Frédéric Jenny
- Regulating platforms and ecosystems: An introduction
- Reimagining merger analysis to include intent
- Rethinking breakups
- Reverse privatization as a reaction to the competitive environment: Evidence from solid waste collection in Germany
- Same rule, different result: How the narrowing of product markets has altered substantive antitrust rules
- Screening out innovation: Vertical merger principles and the FTC’s misapplication in the Illumina-GRAIL case
- SEPs licensing across the supply chain: An antitrust perspective
- Shaping the new modality of the digital markets: The impact of the DSA/DMA proposals on inter-platform competition
- Taming tech giants with a per se rules approach? The Digital Markets Act from the “rules vs. standard” perspective
- Tech’s Impact on Financial Services Competition
- Territorial restrictions in EU competition law: from Consten-Grundig to Ping and Pay-TV
- The abstract presumption of harm in the Damages Directive: Overconcern of overcompensation
- The Alston case: Why the NCAA did not deserve antitrust immunity and did not succeed under a rule-of-reason analysis
- The application of antitrust principles to SEP/FRAND disputes: Anticompetitive exploitative and exclusionary conduct - And what about anti-suit injunctions?
- The assessment of exclusive contracts: The competition case against computicket in South Africa
- The best of both worlds: Compensation via price-caps for passed-on overcharges
- The case against Alibaba in China and its wider policy repercussions
- The causal mechanisms of horizontal shareholding
- The competitive constraints from private label offers on branded grocery pricing
- The competitive implications of private label mergers
- The Digital Markets Act and private enforcement: Proposals for an optimal system
- The draft fining guidelines and the future of antitrust fines in China
- The effect of mergers on variety in grocery retailing
- The effects of private damage claims on cartel activity: Experimental evidence
- The EU, competition and workers’ rights
- The European Digital Markets Act: A revolution grounded on traditions
- The evolution of judicial standards: Evidence from litigated merger trials
- The German Facebook saga: Abuse of dominance or abuse of competition law?
- The globalization of antitrust: History and prospects
- The legality of legacy business practices in antitrust
- The output-welfare fallacy: A modern antitrust paradox
- The practical requirements of a successful cartel
- The presumption of harm in EU private enforcement of competition law: Effectiveness vs overenforcement
- The price fixer: Compliance tales from the other side
- The role of regulation in EU competition law assessment
- The two sides of platform collusion
- What does an appreciable negative effect on competition mean?
- Why the proposed DMA might be illegal under Article 114 TFEU, And how to fix it
Articles
- "Settlements" and vertical restraints: "Good deal" or good law"?
- ’I’ll call my Union’, said the driver - Collective bargaining of gig workers under EU competition rules
- A ’primarily property’ presumption is – still – really needed for the IP/antitrust interface
- A commissioners’ history of cartel enforcement in Europe: Multidimensional comparison of administrations
- A legal framework for access to data – A competition policy perspective
- An antitrust framework for false advertising
- Analyzing vertical mergers: Accounting for the unilateral effects tradeoff and thinking holistically about efficiencies
- Anticompetitive entrenchment
- Antitrust and restrictions on privacy in the digital economy
- Antitrust as antiracism: Antitrust as a partial cure for systemic racism (and other systemic “isms”)
- Antitrust damages in financial markets
- Antitrust economics and consumer protection economics in policy and litigation: Why the disparity?
- Antitrust policy toward patent licensing: Why negotiation matters
- Antitrust’s implementation blind side: Challenges to major expansion of U.S. competition policy
- Asymmetric stakes in antitrust litigation
- Balancing disclosure and the protection of confidential information in private enforcement proceedings: The Commission’s communication to national courts
- Balancing incentives to innovate in upstream wireless technology markets with exit concerns in midstream component product markets
- Big Tech mergers: Innovation, competition for the market, and the acquisition of emerging competitors
- Blockchain code as antitrust
- Buying power today
- Chilling competition? Trade associations & the Indian competition regime
- China: Conglomerate mergers are facing heightened scrutiny
- Claiming cartel damages against the economic unit: One for all and all for one?
- Comments on patent remedies and complex products — A U.S. litigation perspective
- Common ownership under the EUMR – Sailing a bit too close to the wind
- Compensatory public good provision by a private cartel
- Competition law as a form of social regulation
- Competition laws and corporate innovation
- Competition policy and the global economy: Current developments and issues for reflection
- Competitive harm from vertical mergers
- Corona and EU Economic Law: Competition and Free Movement in Times of Crisis
- Corona Crisis Cartels: Sense and Sensibility
- Corporate disclosure as a tacit coordination mechanism: Evidence from cartel enforcement regulations
- Cultural challenges to private antitrust enforcement in Latin America
- De facto control in EU merger control law
- Digital Platforms and Antitrust
- Direct evidence of a Sherman Act agreement
- Disclosure in European Competition Litigation through the lens of US discovery
- Does a federal price-gouging law even make sense? And, if so, what should it look like?
- Dominance and market definition in the pharmaceutical industry following the ECJ Paroxetine judgment
- Don’t open till doomsday: FDI screening in the EU—A cure for a covid-19-struck economy?
- Economic continuity of liability in antitrust damages – CJEU preliminary ruling in C-724/17 Skanska et al.
- Enhancing leniency programme in public markets
- Equitable monetary relief under the FTC Act: An opportunity for a marginal improvement
- EU Competition Law and the Rule of Reason revisited
- EU Merger Control in a globalised economy
- Excessive pricing during the COVID-19 crisis in the EU - An empirical inquiry
- Extraterritoriality: Approaches around the world and model analysis
- Falling through the cracks no more? Article 102 TFEU and sustainability I – the nexus between dominance, environmental degradation, and social injustice
- Four innovation myths
- FRAND licensing levels under EU Law
- Fundamental procedural rights and effective enforcement of articles 101 and 102 TFEU in the European Competition Network
- High stakes at the high court: The FTC’s disgorgement authority comes before the Supreme Court
- Innovation in the United States and Europe
- International jurisdiction over standard-essential patents
- Is protecting sunk investments an economic rationale for antitrust law?
- Is the “Opt-Out” Proceeding an Effective Approach to Enhance Antitrust Collective Action in China? With comparative reference to UK’s New Regime
- Measuring the antitrust revolution
- Merger policy in digital markets an ex-post assessment
- Mergers that harm our health
- Mergers, antitrust, and the china card
- Mergers, entry, and consumer welfare
- Monopolization standards in US Competition Law: Evolution and evaluation
- Most favoured nation clauses in need of an effects-based approach
- Nascent competitors
- No alarm and many surprises: Salience as a basis for excessive pricing intervention in an antitrust context
- Normative goals in merger control: Why merger control should not attempt to achieve “better” outcomes than competition
- Oligopoly coordination, economic analysis, and the prophylactic role of horizontal merger enforcement
- Political, economic and legal driving forces shaping the developmental contours of competition law: the experience of Taiwan
- Positive EC guidance needed under Regulation 2
- Pre-empting the entry of near perfect substitutes
- Priority-setting as a double-edged sword: How modernisation strengthened the role of public policy
- Prisms of distance and power: Viewing the U.S. regulatory tradition
- Private enforcement in the UK: Effective redress for consumers?
- Proportionality of fines in the context of global cartel enforcement
- Radical for whom? Unsustainable business practices as abuses of dominance
- Radical Restorative Remedies for Digital Markets
- Rebating antitrust fines to encourage private damages negotiations
- Reduced demand uncertainty and the sustainability of collusion: How AI could affect competition
- Sanctioning unfair pricing under Art. 102(a) TFEU: Yes, we can!
- Self-preferencing in markets with vertically-integrated gatekeeper platforms
- Self-preferencing: Yet another epithet in need of limiting principles
- Should ASEAN antitrust laws emulate European competition policy?
- Some reactions to “reactionary antitrust”
- Standard-essential patents and FRAND licensing – At the crossroads of economic theory and legal practice
- State energy cartels
- State interest and the state-centered approach to competition law in China
- State-controlled entities in the EU merger control: The Case of PKN Orlen and Lotos Group
- Tackling pass-on in cartel cases: A comparative analysis of the interplay between damages law and economic insights
- Tailoring critical loss to the competitive process
- The boundaries of the firm and the reach of competition law: Corporate group liability and sanctioning in the EU and the US
- The economic basis of the independent contractor/employee distinction
- The emerging contribution of director disqualification in UK Competition Law
- The impact of EU cartel policy reforms on the timing of settlements in private follow-on damages disputes—an empirical assessment of cases from 2001 to 2015
- The indirect purchaser rule and private enforcement of antitrust law: A reassessment
- The Japanese cartel fining system: The 2019 amendments and its real issue
- The long arm of state aid law: Crushing corporate tax avoidance
- The looming crisis in antitrust economics
- The omega man or the isolation of U.S. Antitrust Law
- The patent market power fallacy
- The political face of antitrust
- The role of competition reforms in unlocking international trade: Evidence from Africa’s Proposed tripartite free trade area
- The Sherman Act is a no-fault monopolization statute: A textualist demonstration
- The three body problem – Extraterritoriality, comity and cooperation in competition law
- Towards a higher standard of proof and a more interventionist judicial review in antitrust cases involving complex (economic) assessments following CK Telecoms?
- Understanding the ANSI patent policy and why it matters
- Untangling the inextricable: The notion of ’same offence’ in EU Competition Law
- Vertical relations, pass-through, and market definition: Evidence from grocery retailing
- Vertical restraints after Generics and Budapest Bank
- When do markets tip? An overview and some insights for policy
- Work in progress: Hong Kong’s competition law five years on
- You say you want an antitrust revolution? The paradox of modern merger control
- ‘Hub-and-spoke’ bid-rigging and corporate attribution under Hong Kong Competition Law
- A brand new subsidy regime for the UK?
- A good influence? Investor liability for antitrust infringements by companies in which they invest
- A new antitrust class action threat: Anticompetitive invasion of privacy
- A note on antitrust, labor, and ’No cold call’ agreements in Silicon Valley
- A note on screens’ worldwide adoption and successes
- Achieving consistency between the Commission’s decisions and follow-on or parallel damages actions before national courts
- An economic treatment of pass through in indirect purchaser antitrust litigation
- Analysis of the UK Supreme Court’s decision in Unwired Planet v Huawei
- Another way to skin the cat? Perspectives on using Section 2 to challenge the acquisition of nascent competitors
- Antitrust remedies in digital markets: Lessons for enforcement authorities from non-compliance with EU Google decisions
- Antitrust treatment of acceleration provisions in Hatch-Waxman settlements
- Apple v. Pepper, indirect purchaser antitrust class actions, and the future of Illinois Brick
- Arbitrability of antitrust disputes in PRC and Hong Kong
- Assessing umbrella pricing incentives
- Assessment of the vertical merger guidelines and recommendations for the VMGs commentary
- Attorney-client privilege and common interest privilege in antitrust merger review
- Auto-bearings & CBB: The peculiar story of a cartel duo
- Badmouthing your competitor’s products: When does denigration become an antitrust issue?
- Break fee at Tiffany’s? Invoking failure to comply with regulatory conditionality in broken deals
- Breaking down barriers: Recruiting and promoting Black antitrust lawyers
- Buckle up: The global future of antitrust enforcement and regulation
- Catch-22: The European Commission keeps broadening merger control intervention powers and gives a glimpse of the future
- China publishes anti-monopoly guidelines on leniency and commitments
- China’s IP antitrust guidelines released to the public
- Chinese antitrust guidelines on leniency and commitments offer companies a “Way Out”
- Collingridge dilemma? The interaction of antitrust law and data privacy in China
- Complexities in antitrust litigation UK update
- COVID-19 Maps: The global impact of COVID-19 on competition law enforcement
- Data access claims under competition law and data privacy requirements
- Data or data protection? Antitrust implications of a missing distinction
- Developing a global settlement strategy
- Do you have to put up with that? Legal protections in the context of antitrust law investigations in the U.S. and E.U.
- DOJ’s 1st wage-fixing indictment is a warning to Cos.
- DOJ’s first criminal charges for wage-fixing and no-poach labor agreements: 6 key takeaways
- ECJ rules for the first time on "pay-for-delay" agreements
- Essential guidance for non-(standard) essential patent pools: DOJ’s UTLP business review letter
- EU Competition Law and EU Charter of Fundamental Rights: An evolving partnership
- EU Court of Justice: Financial investors liable for anticompetitive conduct of portfolio companies
- EU foreign subsidies white paper series
- EU: Hybrid antitrust settlements
- European commission invites comments regarding collective bargaining for the self-employed
- European Commission releases draft digital services package
- European Commission’s White Paper on Foreign Subsidies: Closing a regulatory gap?
- EU’s state aid holiday is a political time bomb
- FDI regimes - The impact of COVID-19 on deal-making
- Giving away our data for free is a market failure
- Guidance for HR antitrust compliance
- Having an effective antitrust compliance program is more important than ever
- Hot air?
- How biologics Cos. disparage biosimilars and how to stop it
- How criminal antitrust compliance is changing
- How does antitrust measure nonprice effects like political bias?
- How EU and UK trademark owners can prevent unauthorised price gouging
- How RBG tamed Robinson-Patman price discrimination
- How remote are competition law risks when working remotely?
- Innovation competition assessment by competition authorities
- Institutional factors contributing to the under-enforcement of merger law
- Interchange fee litigation and the economic analysis of pass-on: Reflections on the Supreme Court’s recent judgment
- Interpretation of ten highlights of platform economy antitrust guidelines
- Invited to Your First Trade Association Meeting Here Are Important Antitrust Tips
- Landmark judgment for German FRAND law published: Sisvel v. Haier
- Liberty, equality, and fraternity: Evolution or revolution in antitrust?
- Merricks v Mastercard: Will US-style class actions become the norm?
- Microsoft, Northern Securities cases paved way for Google antitrust showdown
- Minimizing risk at the antitrust/price-gouging intersection after COVID-19
- Mitigation of fines: An overview of EU and national case law
- Necessity as the mother of invention? Streamlining the evaluation of competitor collaborations
- New Japan FTC Guidelines: Application of abuse of superior bargaining position to transactions between digital platforms and consumers
- No-poach antitrust standard unclear in franchising
- Order (almost) restored: The supreme court brings the visa and mastercard mifs saga one step closer to a conclusion
- Prohibited mergers: An overview of EU and national case
- Protecting consumers from collusive prices due to AI
- Putting the tunney in tunney act: Will evidentiary hearings become the main event after CVS/Aetna?
- Recent developments in competition law and SEP licensing in Europe and their effect on the automotive industry
- Reflective of broader global trends towards increased foreign direct investment scrutiny, parliament in United Kingdom introduces legislation to modernize national review procedures for transactions
- Remedy riddle: The enduring and consequential contest over what a merger remedy is
- Rethinking antitrust
- Rethinking foreclosure analysis in antitrust law: From standard stations to google
- Saudi Arabia issues merger control guidelines - What is new?
- Section 13(b) of the FTC act at the Supreme Court: The middle ground
- SEP licensing in supply chains: ECJ gets opportunity for a major trend-setting decision
- Silicon Valley should prepare to defend diagonal mergers
- Singapore: Guidance on collaboration between competitors to supply essential goods and services during the COVID-19 pandemic
- South Africa: Excessive pricing or excessive prosecution? An analysis of the Competition Commission’s attack on COVID-19-related price gouging
- South African Competition Commission reveals wide scope of buyer power provisions
- States can use the coronavirus response to go after insulin price gougers
- Supreme Court ruling in Merricks: Some important clarifications but a number of unresolved issues
- Telecom and Concerted Practices: An Overview of EU and National Case Law
- The Digital Markets Act: Variations on the theme of competition policy
- The durability of the new vertical merger guidelines
- The European FDI regulation: What you need to know
- The impact of Brexit on antitrust and competition
- The UK’s new competition regime for digital platforms with strategic market status
- The use of artificial intelligence in the future of competition law enforcement
- The use of econometrics in merger reviews
- Two hats on one head: Competition authorities and FDI screening
- UK National Security & Investment Bill introduces mandatory government review of a wide range of transactions
- UK Supreme Court gives important judgment in the Visa/Mastercard ‘interchange fee’ litigation
- Umbrella liability: Has its time come?
- Understanding the econometric tools of antitrust – With no math!
- US courts annual review: Third circuit, pharmaceutical cases
- Vertical relationships, horizontal effects? The evolving debate on vertical labor-market restraints
- What are the available exemptions to antitrust liability
- What happens if Congress overrides the classic antitrust platform market case of American Express
- What lemons teach us about privacy and competition
- What to expect from the Biden administration
- When is the social good an antitrust bad?
- Why a surge in drug pricing litigation is unlikely
- Why is big tech flirting with Indian telcos?
- 2020 - An unprecedented year for Thai competition law
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