Classic Papers on Predatory Pricing

Keith Hylton, Sep 01, 2005 Perhaps no area of antitrust law provokes as much controversy as predatory pricing, the theory that a firm violates the antitrust laws by setting its price too low. Under the standard definition, predatory pricing involves a strategy of cutting price below the level at which a competitor can survive in […]

Below-Cost Pricing and Loyalty-Inducing Discounts: Are They Restrictive and If So, When?

Alberto Heimler, Sep 01, 2005 Abuse of dominance is the area where the divergence between U.S. and EC antitrust enforcement practices is still very significant. In particular, in the European Community, the identification of price abuses is mostly based on the abstract ability to exclude, while in the United States, the emphasis is mainly on […]

Loyalty Rebates: An Assessment of Competition Concerns and a Proposed Structured Rule of Reason

David Spector, Sep 01, 2005 Like most pricing practices, loyalty rebates may benefit or harm consumers according to the circumstances. This paper reviews the pro-competitive and anticompetitive motives for loyalty rebates. This paper concludes by proposing a structured rule of reason for the antitrust handling of loyalty rebates cases.

Mario Monti’s Legacy: A U.S. Perspective

William Kolasky, Apr 01, 2005 The departure of Commissioner Mario Monti from his post as the EC Commissioner for competition policy provides a good opportunity to reflect upon the achievements and perceived failures of the European Commission in the field of antitrust law over the past five years. This paper attempts to do so on […]

The Changing Role of Economics in Competition Policy Decisions by the European Commission During the Monti Years

David Evans, Carsten Grave, Apr 01, 2005 This paper examines the evolution of the use of economics in EC competition policy matters and the reforms in the use of economics that occurred in the latter part of EC Competition Commissioner Mario Monti’s term (1999-2004). Under his predecessors, the use of economics had been steadily increasing […]

Mario Monti’s Legacy in EC Merger Control

Nicholas Levy, Apr 01, 2005 Mario Monti’s tenure as EC Commissioner for competition policy between September 1999 and November 2004 coincided with one of the most eventful periods in EC merger control since the Merger Regulation came into force in 1990. This article places his tenure in historical perspective, describes the principal European Commission decisions […]

Mario Monti’s Legacy for Competition Policy in Article 82

Claus-Dieter Ehlermann, John Ratliff, Apr 01, 2005 Commissioner Mario Monti’s impact on Article 82 of the EC Treaty during his period as EC Competition Commissioner has not been as revolutionary as his impact on other areas of EC competition law. Nonetheless, the European Commission has done serious work on Article 82 cases, notably taking several […]

Judicial Review in EC and U.S. Antitrust Law

Valentine Korah, Sep 01, 2005 The first two articles of this issue are based on presentations for the inaugural edition of the University College London Antitrust Forum held on March 3, 2005. Sir Christopher Bellamy, President of the U.K. Competition Appeal Tribunal, chaired the event. Bo Vesterdorf, President of the European Court of First Instance […]

A Commentary on DG Competition’s Discussion Paper

Bill Allan, Apr 01, 2006 DG Competition’s discussion paper appears to signal a departure from the form-based approach articulated most strongly in Michelin II. However, its full significance is limited by the enunciation of a precautionary principle under which abuse is framed to capture any conduct likely to limit entry or expansion and justification is […]

The Article 82 Review Process and Its Impact on Compulsory Licensing of IP Rights

Alicia Van Cauwelaert, Apr 01, 2006 This paper reviews the position put forward by the Commission in relation to the concept of an exclusionary abuse, the meaning of dominance, and the use of an efficiency defense. In particular, the paper looks at refusal to supply cases involving IP rights and the impact the Article 82 […]