Articles
- 7 Big Questions about the Open App Market Act
- 10 things you need to know about the Digital Markets Act
- 11th Circ. Ban on Service Awards May Inhibit Class Actions
- "Extra, Extra, Read All About It"—Final European and UK Brand Distribution Rules Published
- A Simple Solution to the Problem of Product Hopping
- An Economic Analysis of the Self-Preferencing Debate
- Antitrust and Law Schools’ exit from US News rankings
- Antitrust and Rule by Judges
- Antitrust Law as a Tool Against Privacy Abuses
- At a Glance China Antitrust Enters Its 15th Year
- BEIS issues anticipated National Security & Investment Act market guidance notes
- Better Know the Limits to Copyrights of Your Data Sets: Online Second-Hand Book Sales Platform Was Fined for Abuse of Dominance
- Beware FTC’s Expanded Focus On Private Equity, Individuals
- Can State Price Gouging Laws Be Practically Applied to Long-Run Events?
- Cargotec/Konecranes: Failed Shipping Equipment Merger Illustrates Aggressive UK/U.S. Enforcement and Increased Skepticism of Remedies
- Changes to UK Competition Rules Will Extend CMA Powers
- China’s Merger Control of Non-Horizontal Transactions: The Growing Role of Economic Analyses and Behavioral Remedies
- Choice of Law, Antitrust Class Actions, and the Value of State Inaction
- Class action & damages claims: have we finally found the "Courage " two decades since the EU’ s top Court landmark judgment?
- Competition Law and Sustainability
- Defining Relevant Markets in the Crypto Economy
- Digital disruption of competition law: Rethinking market definition
- Do competition agencies harm welfare?
- DOJ Brings Criminal Monopolization Case for Invitation to Collude: Can an Anticompetitive Proposal, Even If Rejected, Result in Criminal Liability?
- DOJ Makes Giving Up Harder: Stricter Requirements for Seeking Leniency
- Dominance in the pharmaceutical sector: An overview of EU and national case law
- Dominance in the telecommunications sector: An overview of EU and national case law
- Economic Evidence in Recent Competition Class Actions in the UK
- EU Adopts Revised Guidelines on State Aid for Climate, Environmental Protection and Energy
- EU State aid temporary crisis framework in the context of the invasion of Ukraine
- European Commission Changes its Policy on Providing Guidance on Questions of Competition Law
- European Union and United Kingdom: A New Dawn for Class Actions
- European Union: Illumina/Grail - EU General Court Recognizes Broad EU Jurisdiction over Deals that Don’t Trigger Any Merger Control Filing Requirements
- Facebook/GIPHY and the (Un)innovative Theory of Harm
- FAQ About the FTC’s Controversial New “Unfair Methods of Competition” Policy
- First practical experiences with the private enforcement of the German ‘tipping paragraph’ (Sec. 20(3a) Competition Act)
- FRAND Royalty Base: Will Chinese Courts More Likely Accept the Component Approach? On Huawei’s Granting of a Cellular IoT SEP License at the Component Level
- FTC pay-to-block challenge may foretell antitrust crackdown
- Health Care is in DOJ’s Criminal Antitrust Crosshairs
- How Not to Use Industrial Policy to Promote Europe’s Digital Sovereignty
- How to better assess whether sustainability agreements are beneficial
- How to make sensible merger policies?
- Illumina/Grail - The Dawn of a New Era for Global Merger Control?
- Indian competition law: An overview of national case law
- Intel and the AEC test: ‘Do. Or do not. There is no try.’
- Intellectual property & Competition law: An overview of EU and national case law
- Interlocking Directorates Under Section 8 of the Clayton Act: Can an Old Statute Learn New Tricks?
- Is It Game Over for PlayStation Store Antitrust Suit?
- Key Current Trends in FDI: Global Overview
- Lessons From the First Criminal No-Poach Trial
- Litigation Is Coming: The Top 5 Best Practices for In‐House Counsel to Manage Merger Review Risk
- Merger remedies in the US: An overview of the leading case
- Mergers in Big Tech: An overview of EU and national case law
- Meta: Cracking the door open for data-related class actions?
- Mind the Consumer Behaviour: Overcoming Consumer Biases in the Assessment of Sustainability Cooperation Agreements
- Mitigating Antitrust Risk in Decentralized Autonomous Orgs
- MY PLEA FOR AN EU COMPETITION COURT
- Ne Bis in Idem: The Final Word?
- Once bitten, twice shy? Would RoW authorities be able to block an exceptional dividend payment à la Albertsons/Kroger?
- Open up your algorithm - or else
- Patent Settlements: An overview of US, EU and national case law
- PE Sponsor and Majority-Owned Portfolio Company Considered Single Entity Under the Sherman Act
- Pre-notification duration – explaining the increase?
- Prosecutorial Civil Public Interest Litigation Of Antitrust Case Under The New China’s Anti-Monopoly Law
- Push It To The Limit: The US Merger Agencies Before the Courts in 2022
- Qualcomm high-profile decision annulled: how the General Court is putting pressure on the Commission to strengthen its demonstration of anticompetitive effects
- Reform or Regress? An Assessment of Proposed Antitrust Legislation
- Regulating Unfair Competition in Digital Economy: SAMR Seeks Comments on Draft Amendments of Anti-Unfair Competition Law
- Seeing vertical mergers through a different lens? Implications from EssilorLuxottica/GrandVision
- Seventh Circuit Throws Out Antitrust Suit Against AbbVie in Welcome Victory for Patent Rights
- Seventh Circuit’s Rejection of Insurers’ Monopolization Case is Not the Final Word on “Patent Thicket” Litigation
- The EU Commission publishes the second annual report on the screening of foreign direct investment into the Union
- The EU Court of Justice rules on the temporal applicability of EU law on limitation periods and burden of proof in actions seeking antitrust damages (Volvo / DAF Trucks)
- The EU General Court confirms Android abuse of dominance through tying, with the real legacy of the case extending far beyond (Google Android)
- The EU General Court overturns the Commission’s decision to fine a semiconductor chip manufacturer €1.06 billion for abusing its dominant position (Intel)
- The EU General Court upholds the decision of the Commission to block a joint venture between two large steel producers (ThyssenKrupp / Tata Steel)
- The First Chinese Court Decision on Antitrust Issues in Labor Markets
- The FTC abandons (the rule of) reason
- The FTC’s prior approval policy likely will eliminate incentives to cooperate with antitrust investigations
- The Intel Judgment: (Re)balancing the Burden of Proof
- The Intersection of Self-Preferencing and Pricing Practices in the Digital World
- The Middle East and North Africa Competition Authorities launch the Arab Competition Network
- The new horizontal guidelines: standardisation agreements
- The Saudi Arabian Competition Authority announces, following the adoption of the new Merger Review Guidelines, that it has blocked its first deal between two online fooddelivery services due to their failure to provide sufficient information to enable the evaluation of the proposed acquisition (Delivery Hero / The Chefz)
- The Ten Principles of Ex Ante Competition Regulation
- The UK Supreme Court gives the go ahead for a follow on damages claim in a vehicle cartel case and rejects a request by another party (Trucks Cartel)
- The US Court of Appeals for the Fifth Circuit holds that Standard Essential Patent holders may choose to only license end-product makers (Continental / Avanci)
- Thou Art Weighed In The Balance –And Found Wanting? Evidence in Government Merger and Monopolization Litigation
- Three’s a charm for Intel: On judicial review of economic evidence to rebut a legal presumption
- Too Much, Too Many: The Principle of International Comity in Digital Markets
- Trends in Cartel Enforcement in Singapore
- United States: Private Antitrust Litigation in the Labour Market
- What about sustainability aspects in merger control?
- What do markups tell us about competition and merger control in Europe?
- What the Antitrust Case Against Martin Shkreli Tells Us About the Latest Trends in Antitrust Enforcement and Shareholder Liability
- What Vifor v. CCI Could Mean for the Intersection of Patent and Antitrust Laws in India
- Who Watches the (FDI) Watchmen? The European Commission finds that Hungary infringed EU Law by Unduly Prohibiting a Transaction On FDI Grounds
- Why Settlement Agreements In Patent Litigation Were Deemed As Monopoly Agreements? Analysis Of The Judgement And Criteria For Determining Monopoly Agreement By The Supreme People’s Court
- Will Taylor Swift’s Bad Blood With Ticketmaster Spur Antitrust Action?
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
- 2020 - An unprecedented year for Thai 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?
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
- 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
- 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
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