Structural vs. Behavioral Remedies

The European Commission’s remedial practice displays important differences in the type of remedies accepted in merger as opposed to antitrust cases. This...

If It Ain’t Working, Fix It — With Competition, Not Monopoly

The ability of individuals to repair, maintain, or modify things they own is often referred to as the “right to repair.” In...

Behavioral Remedies in U.S. Merger Settlements: Past, Present and Future

While in the past, the FTC and DOJ have been receptive to considering behavioral remedies to resolve discrete competition concerns arising from...

The Impact of Data Portability on Platform Competition

Data (number) portability increased switching activity in telecoms markets, but not so far in banking. Data portability is, however, particularly relevant in...

In Defense of State Enforcement: A Positive Perspective on State and...

Antitrust enforcers do not always see eye to eye. The recent cases of Qualcomm and Sprint/T-Mobile provide two recent examples. Despite the...
Google

The Google Complaint: A Step Backward for Antitrust Policy

By Jay Ezrielev (Elevecon)1   The U.S. Department of Justice (“DOJ”) and eleven states filed their Complaint against Google, accusing the company of anticompetitive conduct to...

Can Digital Data be Replaced? Data Substitutability is the Key

The question of whether digital data constitute a barrier to entry or an essential facility does not admit a “one-size-fits-all” answer: only...

The Failing Firm Defense in Times of (the COVID-19) Crisis: Is...

The recent COVID-19 pandemic has affected all areas of economic activity and competition law was not spared. Regulators around the world had...

Analyzing Vertical Mergers

Following AT&T/Time Warner and the recent adoption of U.S. Vertical Merger Guidelines, vertical merger policy has again become a subject of intense...
China Law

Exclusive Dealing in China: Overview and Outlook from an Antitrust Perspective

By Ma Chen, Shi Da, Guo Xiao & Guo Jiahao (Han Kun Law Offices)*   Common in the business world, exclusive dealing refers to arrangements whereby...

News

Antitrust Mix by CPI

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