The linkLine Judgment A European Perspective

This article is part of a Chronicle. See more from this Chronicle Francisco Enrique Gonzalez-Diaz, Jorge Padilla, Apr 15, 2009 In the United States, the debate about margin squeeze has been linked to the more general debate about whether the antitrust laws should protect competition (no margin squeeze as an independent claim) or competitors (margin […]

Guidance on Enforcement Priorities Regarding Exclusionary Abuses: A Comparative Overview

This article is part of a Chronicle. See more from this Chronicle Yves Botteman, Kenneth Ewing, Feb 09, 2009 On December 3, 2008, the European Commission published a guidance document (“Guidance”) concerning the Commission’s enforcement priorities in applying Article 82 of the EC Treaty to abusive exclusionary conduct by dominant companies. The Guidance affirms in […]

Abuse and Monopolization: Unilateral Conduct by Two Competition Authorities?

This article is part of a Chronicle. See more from this Chronicle Gunnar Niels, Feb 05, 2009 Within the space of a few months, two pre-eminent competition authorities issued widely publicized reports on unilateral conduct, one of the hotly debated topics in modern competition law. Both reports followed years of extensive review and consultation processes […]

Article 82 Guidance: A Closer Look at the Analytical Framework and the Paper’s Likely Impact on European Enforcement Practice

This article is part of a Chronicle. See more from this Chronicle Axel Gutermuth, Feb 05, 2009 The new Guidance Paper on the European Commission’s enforcement priorities in applying Article 82 EC Treaty to abusive exclusionary conduct by dominant undertakings constitutes a major step in European antitrust enforcement. The present paper reviews the Guidance Paper’s […]

Schizophrenia in the Commission’s Article 82 Guidance Paper: Formalism Alongside Increased Recourse to Economic Analysis

This article is part of a Chronicle. See more from this Chronicle James Killick, Assimakis Komninos, Feb 05, 2009 The publication by the European Commission of its long-awaited Guidance Paper on exclusionary abuses under Article 82 EC was the most important policy development of the second half of 2008. It is certainly positive that the […]

Some Critical Comments on the Commission’s Guidance Paper on Art. 82 EC

This article is part of a Chronicle. See more from this Chronicle Yannis Katsoulacos, Feb 05, 2009 The Paper, which was preceded by the 2005 DG-COMP Staff Discussion Paper (“DP”) on reforming decisional procedures for Art. 82 EC exclusionary conduct by dominant firms, was particularly needed as the DP, along with a number of recent […]

The 2008 EC Sector Inquiry Regarding Pharmaceuticals: What Does It Mean from a Research-Based Company Perspective?

This article is part of a Chronicle. See more from this Chronicle Kent Bernard, Nov 12, 2008 A sector inquiry is never pleasant for the sector involved. It is much like going to the dentist for a checkup. The best possible result is that after all is said and done, nothing was wrong and life […]

Private Actions in EC Competition Law

Renato Nazzini, Ali Nikpay, Nov 01, 2008 The paper considers the case for reform of the system of private actions in the European Union. In doing so, it seeks to identify the central changes which would need to be made if private actions are to play a more significant role in the competition regime. Contrary […]

Private Enforcement of EU Competition Law in Member State Courts: Experience to Date and the Path Ahead

Christopher Cook, Nov 01, 2008 A much cited 2004 study described private competition law litigation in Europe as being in a state of total underdevelopment. Ever since, the European Commission, along with several member state governments and competition authorities, has made facilitating private enforcement of competition laws a cornerstone competition law policy. The situation is […]

Ex Post Assessment of Regulation 1/2003

This article is part of a Chronicle. See more from this Chronicle Ian Forrester, Jan 20, 2009 More than 25 years ago, Christopher Norall and I wrote an article challenging the Commission’s approach to the application of Articles 81(1) and (3) EC, calling for the priests of competition law in Brussels to trust the laity […]