In June, the EC published a draft proposal intended to both increase private antitrust enforcement, esp. damages actions, as well as improve conformity in national courts. As our guest editor Andreas Reindl—who has organized a sterling group of contributors—says in his introduction, “When the Commission drafts legislation in a controversial area with no prior history […]


This issue we asked some noted economists to opine on hot antitrust topics, presenting viewpoints that considered both theory and practice. The results were both thought-provoking and diversified. Two articles on the recent Apple eBook case consider how the ruling changes MFN agreements. Then we analyze what the backlash against experimental economics realistically means for […]


The trend in Europe is definitely towards more convergence between the EU and national approaches to competition questions. For example, the Commission just launched a consultation on merger review, partially designed to bring conformity among authorities. So with the help of Danny Sokol, we asked some practitioners and authorities on the national side to weigh […]


In this issue, we’re updating two rather diverse areas. First, we look at multisided markets. There is very little case law that incorporates current economic thinking about these markets—so do people really to need pay attention to the differences with conventional markets? And, second, when Ireland needed help from the Troika, one of the requirements—controversial—was […]


This issue, organized by Editorial Board member Aaron Panner, dives deeply into a recent Supreme Court decision—Kirtsaeng. Our authors explore the numerous features posed by what may initially look like a simple copyright question. Among the questions asked—and answered—are: Should the exhaustion of U.S. rights depend on the exercise of foreign rights alone? How widespread […]


We’re presenting two mini symposia this month. The first begins a discussion of the extraordinary costs of antitrust litigation—is antitrust becoming a luxury no one can afford? This collection discusses two key issues—who’s to blame (if anyone) and what we can do about reducing costs. The second symposium looks at some recent global cases from […]


Private enforcement is a hot topic these days—while the Commission has been mulling over general legislation, Great Britain recently took several steps towards encouraging more class actions. To bring everyone up to date, we not only look at what Great Britain did—and did not—accomplish but have also canvassed some of the rest of the world, […]


For all but cartel cases, the EC has been increasingly relying on commitment procedures to resolve competition concerns. Yet, despite their popularity, there is often confusion among commitments, settlements, and remedies. And with the recent Microsoft  fine, the question has to be asked: Just how certain can companies be about the finality of these agreements? […]


In this issue we present a range of perspectives—EU, U.S., national—on how interim measures work in antitrust proceedings. Competition authorities have many reasons to explain their reluctance to use interim measures—additional work, a fear that intervention may harm innovation, confusing case law, “a recurring tension between audacity and caution.” But it’s a competition tool that […]