Merricks v. Mastercard: “Passing on” the U.S. Experience

By Makan Delrahim (Assistant Attorney General, Antitrust Division, U.S. Department of Justice)1   I. Introduction The mission of the Antitrust Division of the U.S. Department of...

Essential Facilities Fallacy: Big Tech, Winner-Take-All Markets, and Anticompetitive Effects

There have been calls to treat data as an essential facility to reduce barriers to entry in the digital economy where a...

A Re-awakening of the Failing Firm Defense in the EU in...

By Dr. Assimakis Komninos, Jan Jeram & Iakovos Sarmas (White & Case LLP)1   Introduction – The Broader Challenges of Merger Control The ongoing COVID-19 global crisis...
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The e-Commerce World after Coty – Competition Law Catch Up

By Marcin Trepka & Łucja Olszewska (DWF Poland)1 In recent years, as regards competition law, it is actually hard to find a more captivating topic...

The Anticompetitive Effects of Covenants not to Compete

Covenants not to compete, which prevent workers from quitting their employer and moving to a competing employer, have ambiguous effects on welfare,...

The European and U.S. Approaches to Antitrust and Tech: Setting the...

The European and U.S. Approaches to Antitrust and Tech: Setting the Record Straight - A Reply to Gregory J. Werden and Luke M. Froeb’s...

“How Tech Rolls”: Potential Competition and “Reverse” Killer Acquisitions

Competition agencies are pivoting towards “loss of potential competition” theories of harm, especially in acquisitions by highly dominant companies of smaller/nascent players...
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European Court of Justice Paroxetine Ruling Provides Guidance on Patent Settlement...

Jan Blockx (University of Antwerp)1 Introduction Twelve years ago, on January 15, 2008, the European Commission used its power to conduct unannounced inspections in a sector...

The New Abuse Rules in the German Competition Act – What’s...

By Dr. Thomas Weck (German Monopolies Commission)1 Digital platform markets pose novel issues when it comes to enforcing the competition rules. A draft bill...

Business Cooperation in Times of Emergency: The Role of Competition Law

Giorgio Monti (Tilburg Law and Economics Center)1   1. Introduction The COVID-19 pandemic has seen the Commission respond readily to state aid measures: protocols established in 2008...

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