Articles
Articles
- A Comparative Assessment of Competition Law in Africa: Identifying drivers of reform in Botswana, Ethiopia, and Nigeria
- A Comparative View of the Implementation of the EU Antitrust Damages Directive in Sixteen Member States
- A Decade in Review: Antitrust Enforcement by China’s NDRC and SAIC
- A History of Competition: The Impact of Antitrust on Hong Kong’s Telecommunications Markets
- A larger role for the hearing officer: a modest proposal
- Access to the EU Commission’s File or Decision for Purposes of Damages, and Confidentiality of Information under European Competition Law
- Accounting for Complementarities in Hospital Mergers: is a Substitute Needed for Current Approaches?
- Algorithmic Price Discrimination on Online Platforms and Antitrust Enforcement in China’s Digital Economy
- An Appraisal of the Remedy in the Commission’s Google Search (Shopping) Decision and a Guide to its Interpretation in Light of an Analytical Reading of the Case Law
- Antitrust Analysis Involving Intellectual Property and Standards: Implications from Economics
- Antitrust in two-sided markets: looking at the U.S. Supreme Court’s Amex case from an EU perspective
- Antitrust Remedies for Labor Markets
- Beyond Brooke Group: Bringing Reality to the Law of Predatory Pricing
- Cartel Dating
- Challenges and pitfalls in cartel fining
- Civil Liability for Single and Continuous Infringements
- Common Ownership: Solutions in Search of a Problem
- Comparing Parent Company Liability in EU and US Competition Law
- Competition Law and Criminal Justice
- Competition Policy within the Context of a Reformed NAFTA
- Compliance Plus? Proposed Fine Reductions for Audited, Strengthened Compliance Programmes
- Concentrated Benefits and Dispersed Costs Rent-Seeking by Incumbents Against Innovative and Disruptive Web Based Firms
- Conspiracy to Arbitrate
- Convergence, divergence or disturbance – How major economic powers approach international antitrust
- Credit Cards, Counterfactuals and Antitrust Damages: The UK MasterCard litigations
- Damages Claims for the Infringement of Competition Law in the European Union and Croatia
- Debunking the NCAA’s Myth that Amateurism Conforms with Antitrust Law: A Legal and Statistical Analysis
- Defining and Regulating Hardcore Cartels in Hong Kong: Agency Reconciling the Divergence between Legislators and International Standard
- Do Discriminatory Leniency Policies Fight Hard-Core Cartels?
- Due Process And Competition Law: Global Principles, Local Challenges, An Argentine Perspective
- Economic Evidence and Procedural Fairness: Lessons from the UK Competition Regime
- EU and National Approaches to Passing On and Causation in Competition Damages Cases
- EU Merger Control and Big Data
- Excessive Pricing in the Pharmaceutical Market – How the CAT Shot Down the CMA’s Pfizer/Flynn Case
- Geographic Market Definition in the Merger Guidelines: A Retrospective Analysis
- Google: Is the competition truly just a click away?
- Hindsight Bias in Antitrust Law
- Horizontal mergers and product innovation
- How Does Advertising Depend on Competition? Evidence from U.S. Brewing
- Incipiency
- Innovation by dominant firms in the market: damned if you don’t … but damned if you do?
- Institutional Design of Select Competition Authorities in South Asia: Identifying Challenges and Opportunities
- Intel and the Rebirth of the Economic Approach to EU Competition Law
- Interface Between Antitrust Law and Intellectual Property in the Payment Systems Market in India
- Interim Measures: An overview of EU and national case law
- Market-Share Contracts, Exclusive Dealing, and the Integer Problem
- Merger Control: ‘Around the World in 80 Days: Management of the Merger Review Process of Global Deals’
- Merger Review for Markets with Buyer Power
- Mergers that Harm Sellers
- Much Ado About Holdup
- Non- Discrimination and FRAND Commitments
- Predatory Innovation: The Definite Need for Legal Recognition
- Preventing Anticompetitive Conduct Directly and Indirectly: Accuracy vs. Predictability
- Pricing Benchmark in Market Definition: Theoretical Background and Practical Application
- Private enforcement of antitrust law in Belgium and the Netherlands – is there a race to attract antitrust damages actions?
- Product differentiation with multiple qualities
- Quantifying the Deterrent Effect of Anticartel Enforcement
- Re-Conceptualizing ‘Object’ Analysis Under Article 101 TFEU: Theoretical and Comparative Perspectives
- Recent Developments in EU Merger Remedies
- Recent developments in the assessment of telecom mergers in the European Union
- Recoupment, Market Power, and Predatory Pricing
- Rediscovering Antitrust’s Lost Values
- Reflections on gun jumping in mergers
- Requiem for a Paradox: The Dubious Rise and Inevitable Fall of Hipster Antitrust
- Screening for Bid Rigging—Does It Work?
- Should We Be Concerned About Data-opolies?
- Strategic Comity
- Strategic Public Shaming: Evidence from Chinese Antitrust Investigations
- Superstars in Two-sided Markets: Exclusives or Not?
- Suppliers as Forgotten Cartel Victims
- The Acquisitions of the Chinese State-Owned Enterprises under the National Merger Control Regimes of the EU Member States: Searching for a Coherent Approach
- The Antitrust F Word: Fairness Considerations in Competition Law
- The as efficient competitor test – back to facts
- The As-Efficient Competitor Test: Some Practical Considerations Following the ECJ Intel Judgment
- The assessment of mergers in online and offline retail sales: Are new tools needed for the economist’s toolbox?
- The Causal Effects of Competition on Innovation: Experimental Evidence
- The concept of unity in the competition law system
- The Death of the Tunney Act at the Hands of an Activist D.C. Circuit
- The decline and fall of the leniency programme in Europe
- The Effective Competition Standard: A New Standard for Antitrust
- The Enforcement of Article 101 TFEU: What Has Happened To The Effects Analysis?
- The Google Search Case in Europe: Tying and the Single Monopoly Profit Theorem in Two-Sided Markets
- The Ideological Roots of America’s Market Power Problem
- The Influence of Socialist Principles on the Legal Regulation of Markets in China
- The intensity of judicial review in complex economic matters—recent competition law judgments of the Court of Justice of the EU
- The Law and Economics of Excessive and Unfair Pricing: A Review and a Proposal
- The Merger Incipiency Doctrine and the Importance of “Redundant” Competitors
- The Multiple Goals of Antitrust
- The MyEG case: the first Malaysian finding of abuse of dominance reveals issues with the regulator’s methodology, and an opportunity to play an advocacy role
- The Right of Defense in the Decentralized System of EU Competition Law Enforcement: A Call for Harmonization from Central and Eastern Europe
- The Role of Competition Advocacy: The Serbian Experience
- The Role of Media in Antitrust: Evidence from China
- The Role of the European Commission as an Intervener in the Private Enforcement of Competition Law
- The stories merger documents tell—the US, EU, Asia, Brazil, Mexico, and South Africa perspectives
- The Unsound Theory Behind the Consumer (and Total) Welfare Goal in Antitrust
- The “Enhanced no Economic Sense” Test: Experimenting with Predatory Innovation
- Three Key Issues for Managing Discovery in Global Merger Investigations
- To hire or not to hire: U.S. cartel enforcement targeting employment practices
- Trade Openness and Antitrust Law
- UK: Brexit – The need for a special approach to EU mergers
- Understanding Google’s Search Platform and the Implications for Antitrust Analyses
- Understanding Patent “Privateering”: A Quantitative Assessment
- US v. AT&T Time Warner: A Triumph of Economic Analysis
- Vertical Most-Favored-Nation Restraints and Credit Card No-Surcharge Rules
- Vertical restraints and e-commerce
- What Can We Learn About the Application of the as Efficient Competitor Test in Fidelity Rebate Cases from the Recent US Case Law?
- What Do We Know About Algorithmic Tacit Collusion?
- Why the Atlantic Divide on Monopoly/Dominance Law and Enforcement Is So Difficult to Bridge
- A Long Way from Formalism: Has Price Abuse Law in the European Union Come of Age?
- A Modern Approach to M&A
- A Primer on Bargaining: How Mergers May Affect Negotiated Prices
- A Ten-Year Review of Merger Enforcement in China
- Abuse of Dominance and Exclusive Deals: Qualcomm’s Chipsets are Down
- Access (and Injunction) Denied: The Seventh Circuit’s Authenticom Decision and the Antitrust Implications for Managing Data Networks
- Achieving Competition in the Financial Sector
- Advertising and Related Restraints
- Algorithms: Challenges and Opportunities for Antitrust Compliance
- An Ever-Expanding Net: Parent Companies’ Exposure Under EU Competition Rules for Antitrust Infringement of Subsidiaries, Joint Ventures and Portfolio Companies
- Analyzing China’s Guiding Case No. 79 Under Section 1 of Sherman Act - A Per Se Tying Violation or Not?
- Antitrust Analysis of Vertical Mergers: Recent Developments and Economic Teachings
- Antitrust by Design - The Prohibition of Anti-Competitive Coordination and the Consensus Mechanism of the Blockchain
- Antitrust Enforcement of the NDRC and SAIC: Retrospect and Prospect
- Antitrust in the Technology Sector: Policy Perspectives and Insights from the Enforcers
- Antitrust, Market Exclusivity, and Transparency in the Pharmaceutical Industry
- Apple/Shazam: Big Data, Big Tech and M&A - What’s the Big Deal?
- Are Disgorgement’s Days Numbered? Kokesh v. SEC May Foreshadow Curtailment of the FTC’ s Authority to Obtain Monetary Relief
- Back to Basics: The ABCs of Disruptive Technologies and Antitrust and Competition Law
- Bid-rigging and Joint Tendering – When are They Prohibited under Hong Kong’s Competition Ordinance?
- Brexit and Global Antitrust Reviews: Practical Issues and Guidance
- British Airways v Commission: Always Aim for the Sky
- Can a Dominant Health Insurer’s Refusal to Negotiate in Good Faith Be Actionable under the Antitrust Laws? Yes, Says a Federal Court in Rhode Island
- Can Private Equity Buyers Be Suitable Purchasers of Divested Assets for Antitrust Regulations?
- Canadian Competition Law Reform: A Diagnosis and Proposals for Reform of Canada’s Ineffective Merger Notification Rules
- Cartels: Enforcement, Appeals & Damages Actions - Taiwan
- CAT Finds the CMA Failed to Establish Excessive and Unfair Prices for Phenytoin Sodium
- CAT Rules on Disclosure in Peugeot S.A. and others v NSK Ltd and others
- CCCS Issues Guidance Note for Airline Alliance Agreements
- CEO Indicted for Seafood Price-Fixing
- China Merges Antitrust Enforcement Agencies into One, as its Anti-monopoly Law Approaches 10th Anniversary
- China’s Antitrust Regime: Retooled, Retrenched and (Potentially) Ready for Battle China’s Antitrust Regime: Retooled, Retrenched and (Potentially) Ready for Battle
- Chinese Courts Stick to "Rule of Reason" in Resale Price Maintenance Civil Actions
- Class Dismissed: Competition Bureau’s Privilege Claims Denied by FCA
- Comment on the U.S. FTC Hearings on Competition and Consumer Protection in the 21st Century: The Consumer Welfare Standard in Antitrust Law
- Comparative Analysis of Court-Determined FRAND Royalty Rates
- Competition Analysis in UK Local Markets
- Competition Appeal Tribunal Quashes the CMA’s Excessive Pricing Decision against Pfizer and Flynn Pharma
- Competition Bureau’s New ‘Disclosure First’ Immunity and Leniency Programs Take Effect
- Connected Cars and Autonomous Driving – EU Antitrust Challenges (Part II)
- Continued Antitrust Enforcement Against Non-Compliant Manufacturers in Europe: Significant Penalties Imposed for Fixing Resale Prices
- Court Rejects DOJ Antitrust Challenge to AT&T/Time Warner
- Court Rejects DOJ Challenge to AT&T/Time Warner Vertical Merger
- Data Antitrust in the United States: The Regulatory Crossroads
- Data, Innovation, and Potential Competition in Digital Markets – Looking Beyond Short-term Price Effects in Merger Analysis
- Dawn Raid Derailment—A Cautionary Tale
- Did the Antitrust Sea Change Sink Pharmaceutical Innovation? Testing the Predictions of an Industry Under Siege
- Digital Markets and Merger Control in the EU: Evolution not Revolution?
- Digital Markets in EU Merger Control: Key Features and Implications
- Do You Need Competition Approval to Buy a Single Share? Indian Merger Control and Non-controlling Minority Acquisitions
- Dominance in the Pharmaceutical Sector: An Overview of EU and National Case Law
- Economics in State Aid
- Establishing Jurisdiction in England and Wales for Competition Follow-On Damages Claims
- EU Adopts Ban on Unjustified Geo-Blocking
- EU Court Provides New Guidance on Price Discrimination
- EU Plans to Regulate Online Platforms and Search Engines
- European Commission Launches ‘New Deal’ Consumer Legislation Covering Digital Services
- European Court of Justice Issues Important Judgment Related to Jurisdiction Clauses for Antitrust Actions
- European Retail Trade is on the Verge of Change
- European Union May Introduce Whistleblower Protections as Under Sarbanes-Oxley
- Excessive Prices: An Overview of EU and National Case Law
- Federal Constitutional Court Draws Formal Limits to the Prohibition of Seizure of Evidence on Lawyers’ Premises
- First Successful Private Antitrust Merger Challenge Leads to Divestiture Order
- Five not so Easy Pieces to Make Antitrust Work for Innovation
- Foreign Direct Investment in the United States and Europe
- Four-ever? Competition Remedies in the Audit Market
- FTC Secures Partial Victory Requiring SEP Holder to License to All Comers in Antitrust Case
- Funda-mentals of Article 102: A Dominant Platform, but No Abuse
- German Supreme Court Issues Landmark Ruling on Unfair Trading Practices
- Hipster Antitrust meets Public Choice Economics: The Consumer Welfare Standard, the Rule of Law and Rent Seeking
- Hipster Antitrust: Why the Latest Buzzword is Nothing New
- Hiring Practices Draw Antitrust Scrutiny
- How do You Solve a Problem like Algorithmic Price Fixing?
- How to Create and Continuously Improve Your Antitrust and Anti-Corruption Compliance Program: A Perspective from In-House and Outside Counsel
- In Search of Obvious: “By Object Infringements under EU Antitrust
- Infractions of Competition as Externalities
- Innovation in Merger Control
- Innovative Theories of Harm Are Crucial in Merger Control
- Insight: Defendant Class Actions- The Solution to Suing Hundreds of Defendants
- Institutional Investor Shareholdings come under European Commission Scrutiny
- Institutional Investors can Face Parental Liability in the EU, Just Like Other Corporate Parents
- Is Patent Holdup a Hoax?
- Is Professor Salop Right That Judge Leon Bungled United States v. AT&T?
- Just Because Your Deal Cleared Doesn’t Mean You Are in the Clear
- Latest (economic) thinking on competitive impact of pricing algorithms – paper by UK’s Competition and Markets Authority
- Loyalty: Amazon in Prime Position
- M&A Antitrust Compliance - Issues Before Signing and Pre-closing
- Merger Control in China Following the Termination of Qualcomm/NXP
- Mergers and the Public Interest: A Wolf in Sheep’s Clothing?
- Mergers in the Digital Economy: A Practitioners’ Outlook on Key Merger Control Aspects of Big Data and Innovation in the Digital Markets
- Mitigating Antitrust Risks in Nonreportable Transactions
- Navigating the Jurisdiction of American Courts
- Negotiating the Remedy: A Practitioner’s Perspective
- New Era of Collective Actions in Europe?
- New Immunity and Leniency Programs: Still the Best Deal in Town?
- New Law Requires Disclosure of Biologic Patent Settlement Agreements to Antitrust Authorities
- Novel Theories Emerge in Merger Enforcement
- Occupational Licensing in Healthcare and Beyond: Recent Developments in Case Law, Enforcement, Legislation and Research
- Online Sales of Luxury Goods in Selective Distribution Networks – Coty Judgement
- Paranoid about Android
- Planning for Merger Reviews and Antitrust Inquiries in Case of a ’No-Deal’ Brexit
- Platform Power and Privacy Protection: A Case for Policy Innovation
- Platforms, A Call for Data-based Regulation
- Post-merger Price Dynamics Matters, So Why Do Merger Retrospectives Ignore It?
- Procedural Fairness in Antitrust and Competition Enforcement: DOJ and the ICN
- Raising the Bar: How does China’s Tetra Pak Decision Measure Up to the ECJ’s Requirements for Loyalty Rebate Cases
- Raising the Global Bar for Security Clearance of Cross-border Transactions
- Rambus Redux? - Standards, Patents, and Non-Disclosure in the Pharmaceutical Sector (Momenta v Amphastar)
- Recent Developments in Litigation and Regulation Related to No-Hire and Employee Non-Compete Agreements: Implications for Franchise Systems
- Recent Economic Applications in EU Merger Control: UPP and Beyond
- Recent Gun Jumping Enforcement in the U.S., EU, and China Highlights Nuanced Rules
- Resale Price Maintenance and Artificial Intelligence: A First Glimpse into Growing Challenges for EU Competition Law
- Reverse Payments and Beyond: Antitrust Risks for Pharmaceutical and Biotechnology Companies amid Heightened Scrutiny of Prescription Drug Pricing
- Robinson-Patman Suits Against 5 Hour Energy Maker Provide Lessons for Other Suppliers
- RPM Comes Back from the Dead- EU Commission Tackles Pricing in E-commerce
- SA Poised to Follow Suit in Utilisation of Non-competition Merger Control to Protect State Security in Foreign Mergers
- SEP Rivals Guidance on 5G, IoT Licensing Principles Re-ignites Tensions in Patent Community
- Should I Stay or Should I Go?
- Smart Contract and Blockchains: Steroid for Collusion?
- Social Media and Antitrust: A Discovery Primer
- Sports and Labor Monopsonies: Learning From The Pros
- Taking Stock of the Failing-Firm Defense after EnergySolutions: Too Easy to Fail?
- TCL v. Ericsson: Landmark Judgment on FRAND Licensing
- Thai Competition Law – One Year On
- The Achilles Heel to Newspaper Mergers: Product Market Definition
- The Brazilian Competition Authority requests the submission of a non-mandatory transaction (All Chemistry / SM Empreendimentos)
- The Corporate Leniency Program: Did the Antitrust Division Kill the Goose that Laid the Golden Eggs?
- The EC Leniency Programme: Hamstrung by Private Litigation?
- The Economic Approaches Used to Determine FRAND Royalty Rates in TCL v Ericsson
- The Economics of Biosimilar Drugs and New Considerations in Intellectual Property and Antitrust Litigation
- The EU’s Competition Investigation into Amazon’s Marketplace
- The FDA’s and FTC’s Increased Focus on Generic Drug Competition Signals Enhanced Attention to REMS Issues
- The Federal Trade Commission’s Hearings on Competition and Consumer Protection in the 21st Century, Vertical Mergers, Comment of the Global Antitrust Institute
- The Future of Competition Litigation in the UK
- The Increasing Cross-Border Importance of Innovation in Merger Review
- The New Brandeis Movement: America’s Antimonopoly Debate
- The Next Big Thing? Regulatory Interest in Blockchain Continues to Gain Momentum
- The Per Se Rule Against Hard-core Antirust Violations: Etched in Stone or Endangered Species?
- The Political Economy of Excessive Pricing in the Pharmaceutical Sector in the EU: A Question of Democracy?
- The Price is Not Right: European Commission Sanctions Consumer Electronics Manufacturers for Resale Price Maintenance Entrenched by Pricing Algorithms and Monitoring Technologies
- The Role of Comity in Antitrust Discovery
- The Two-Stage Model of Competition in Hospital Merger Analysis May be Due for an Update
- The Tyranny of Market Shares: Incorporating Survey-Based Evidence into Merger Analysis
- Throw me a Lifeline! Regression Analysis Explained for Antitrust Practitioners
- To Be or Not to Be: That is the Question for Illinois Brick in Apple v. Pepper
- Two Sides of the Atlantic on Two-sided Markets
- UK Adopts New Powers to Investigate Smaller Transactions Raising National Security Concerns
- United States: IP and Antitrust
- Vertical Mergers and the MFN Thicket in Television
- Vitamin Antitrust Price Fixing Litigation Update: The Effect of a Foreign Government’s Interpretation of its Own Laws is Now Limited
- What Can/Should be Done to Pick Up the Pace of Cartel Investigations?
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