Determinants of Private Antitrust Enforcement in the United States

Leah Brannon, Douglas Ginsburg, Sep 01, 2005 This paper offers a historical overview of private antitrust enforcement in the United States and an explanation of why private case filings have increased and decreased over the years. It addresses: (1) some of the general factors influencing the level of private litigation; (2) the historical trend in […]

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 […]

Vertical Restrictions and Antitrust Policy: What About the Evidence?

James Cooper, Luke Froeb, Daniel O’Brien, Michael Vita, Sep 01, 2005 Until theory can be used to determine how likely it is that a restraint will lead to an anticompetitive outcome, decision makers will be left with a considerable amount of uncertainty. In this world, enforcement decisions should be guided by prior beliefs and loss […]

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 […]

The Law of Exclusionary Pricing

Herbert Hovenkamp, Apr 01, 2006 The success of the Areeda-Turner test for predatory pricing and the U.S. Supreme Court’s adoption of demanding proof requirements in its 1993 Brooke Group decision have made it very difficult for plaintiffs to win conventional predatory pricing claims. While many challenges to exclusionary pricing continue to be made, the legal […]

Impala v. Commission (Sony/BMG)

This article is part of a Chronicle. See more from this Chronicle Kyriakos Fountoukakos, Nov 03, 2006 On July 13, 2006, the Court of First Instance (CFI) annulled the European Commission’s 2004 decision authorizing the creation of SonyBMG, a joint venture between Bertelsmann and Sony, merging their global recorded music activities. In general, the CFI […]

Weyerhaeuser Co. v. Ross-Simmons

This article is part of a Chronicle. See more from this Chronicle David Park, William Rooney, Nov 02, 2006 In a relatively rare “predatory bidding” case, Weyerhaeuser Co. v. Ross-Simmons has been granted certiorari by the U.S. Supreme Court, apparently in a effort to clarify whether the antitrust laws protect price competition on the buy […]

EU State Measures against Foreign Takeovers: “Economic Patriotism” in All but Name

Nelson Jung, Alex Nourry, Nov 01, 2006 This article examines the compatibility of special rights and other state measures with the EC´s single market objectives within the framework of the EC Treaty and their impact on foreign takeovers and investments. It also examines the initiatives taken by the Commission in order to eliminate such measures […]

Commerce Clause Constraints on State Business Location Incentives

Peter Enrich, Nov 01, 2006 This article considers whether, and to what extent, the Commerce Clause limits the ability of states and localities to engage in the incentive competition that has proliferated in recent decades. In particular, the author argues that well-established Commerce Clause principles forbid a wide range of the location-based tax incentives that […]