Antitrust Chronicle – LeadershIP EU – Innovation, IP & Competition Challenges

Antitrust Chronicle – LeadershIP EU – Innovation, IP & Competition Challenges

Dear Readers, The March 2019 CPI Antitrust Chronicle addresses issues related to the second annual LeadershIP EU Conference, “Innovation, IP and Competition Challenges for Global Businesses in the 21st Century,” which took place in Brussels, Belgium on November 13, 2018. The panelists at the conference came from the private and public sectors: regulators, academics, and […]

Effects-Based Analysis: Where Do We Stand on Both Sides of the Atlantic?

Effects-Based Analysis: Where Do We Stand on Both Sides of the Atlantic?

By Douglas Ginsburg, Robin Jacob & Jean-François Bellis –  A recap of the fireside chat which took place at LeadershIP between U.S. and EU judges exploring the competition law trends in each jurisdiction. The panel featured the Honorable Douglas Ginsburg Senior Circuit Judge, United States Court of Appeals for District of Columbia; Sir Robin Jacob, […]

New Fault Lines in Antitrust: The Rising Threat of Growing Divergence to IP-Centric Business Practices

New Fault Lines in Antitrust: The Rising Threat of Growing Divergence to IP-Centric Business Practices

By Paul Lugard & David Gabathuler –  The last two decades have shown a remarkable degree of convergence in the area of antitrust enforcement and the dissemination of antitrust regimes around the globe has brought significant welfare gains. However, the wide adoption of antitrust regimes as a preferred model for economic regulation also comes at […]

Substantive Criteria and Legal Standards in Recent Abuse of Dominance Decisions in Hi-Tech Markets: EU vs. U.S. and Lessons Learned

Substantive Criteria and Legal Standards in Recent Abuse of Dominance Decisions in Hi-Tech Markets: EU vs. U.S. and Lessons Learned

By Yannis Katsuolacos –  We focus on recent Abuse of Dominance antitrust cases in high-tech markets and discuss the important role of differences in the Substantive Criteria in explaining differences in the Legal Standards adopted in EU and U.S. Also, we consider the reasons that the rule of reason is not adopted in either EU […]

Abuse of a Dominant Position: A Post-Intel Calm?

Abuse of a Dominant Position: A Post-Intel Calm?

By Giorgio Monti –  While the Intel judgment might be a watershed moment for the ECJ’s interpretation of Article 102 TFEU, there may be risks that this development is countered by two trends: first, a concern by some competition agencies that a more aggressive approach is required to counter firms with exorbitant market power; second, a retreat […]

With Increased Powers to National Competition Authorities in the EU, Will We have Appropriate Procedural Safeguards too?

With Increased Powers to National Competition Authorities in the EU, Will We have Appropriate Procedural Safeguards too?

By Kaarli H. Eichhorn –  Following the recent adoption of the EU’s “ECN+ Directive,” this article highlights the importance of the rule of law in the EU, including in competition proceedings. It applauds the Directive’s many improvements to enhancing national competition enforcement, and contends that due process issues should have received more attention, in parallel […]

Antitrust Chronicle – Data Protection

Antitrust Chronicle – Data Protection

Dear Readers, For the second CPI Antitrust Chronicle for February 2019, we turn to a very “spannendes Thema”…the intersection of data protection and antitrust laws. This is a subject that has been “intensiv diskutiert,” especially after the recent, highly anticipated, news from Germany’s Bundeskartellamt in its Facebook ruling. We have a great group of articles […]

CPI Talks…

CPI Talks…

…with Terrell McSweeny –  In this month’s edition of CPI Talks… we have the pleasure of speaking with Terrell McSweeny. Ms. McSweeny is a partner at Covington & Burling LLP, a former Commissioner of the Federal Trade Commission, and a distinguished fellow at Georgetown Law’s Institute for Technology Law & Policy. Additionally, she has held […]

This is Not an Article on Data Protection and Competition Law

This is Not an Article on Data Protection and Competition Law

By Giovanni Buttarelli –  Privacy, data protection, and competition law originate from the same creative energy. They concern the protection of those realms allowing human beings to meaningfully exercise their rights and freedoms. The FCO’s decision on Facebook marks an important step in looking at data protection as a benchmark for competition enforcement. The osmosis […]

Privacy and Competition: Friends, Foes, or Frenemies?

Privacy and Competition: Friends, Foes, or Frenemies?

By Maureen K. Ohlhausen –  The debate about data-rich tech companies has led to calls for changes to consumer privacy law, competition law, or both. Europe has adopted the General Data Protection Regulation, limiting the collection, use, and sharing of consumer data, which may raise competitive hurdles for some players. It also includes a data […]