Are Article 82 EC and Intellectual Property Interoperable? The State of the Law Pending the Judgment in Microsoft v. Commission

Maurits Dolmans, Paul-John Loewenthal, Robert O’Donoghue, Apr 19, 2007 The objectives of intellectual property rights (IPR) and competition law are essentially the same: both promote innovation to the benefit of consumers. IPRs are, however blunt instruments that strike the right balance in general, but in exceptional individual situations may not achieve (and may sometimes even […]

Court of First Instance Upholds Prohibition of General Electric/Honeywell

Shaun Goodman, Apr 01, 2006 On December 14, 2005, the European Court of First Instance (CFI) upheld the European Commission’s 2001 prohibition of a proposed merger between General Electric (GE) and Honeywell (the Decision). The Decision’s partial reliance on conglomerate effects theories had been controversial at the time, and the Commission was criticised in strong […]

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 […]

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 […]

Review of O´Donoghue and Padilla, The Law and Economics of Article 82 EC

Richard Whish, Nov 01, 2006 The extent to which EC competition law has been modernized in the last decade is really quite breathtaking. Most radical of all, perhaps, was the Modernization Regulation, a product of the Commission being prepared to think the unthink-able: to dismantle the notification system established in 1962 and in its place […]

The Economics of State Aid Control: Some Remarks

Mathias Dewatripont, Nov 01, 2006 This short comment discusses the rationale for State aid control at the level of the European Community and then turns to the State Aid Action Plan and its application to aid to Research, Development, and Innovation. It discusses the merits of a refined economic approach for better targeting purposes and […]

The State Aid Action Plan: A Bold Move or a Timid Step in the Right Direction?

Frederic Jenny, Nov 01, 2006 This paper explores the current state of discussion on the reform of EC State aid policy. It analyzes the responses to the European Commissions consultation document on State aid, presents the main areas of dissatisfaction, and the extent to which answers to the expressed dissatisfaction can be found in the […]

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