The concept of market power is at the core of antitrust. Philosophically, antitrust policy is aimed primarily at preventing firms from achieving, retaining, or abusing market power. Operationally, assessing whether a firm or firms have market power or any reasonable prospect for achieving it is...

This paper surveys recent developments in Australian cartel law. The present law is open to improvement in many ways.The topics surveyed are:• criminal cartel conduct ─ implications of the bank cartel prosecution 2018-2022• maximum fines and civil monetary penalties for cartel conduct ─...

The consumer welfare standard is damaged goods. Its days are numbered. My choice for a replacement is the “Reasonable Competitive Conduct” (“RCC”) standard. The RCC is a hybrid standard that shares some concerns and features of these other standards, including a concern about dominating...

Data owners may be required to grant access to their data to third party businesses through the operation of various legal requirements. To date, these rules have not been noticeably applied in practice. There are likely two key reasons for this: the "data protection defence", i.e., the possible...

What is antitrust? What does it do? And how has it changed over time? This chapter offers an accessible, up-to-date, and wide-ranging introduction to US antitrust law and some of the questions that it implicates. It is intended for new readers: no background in antitrust, economics, or law is...

This article examines the decisions taken by the Brazilian Competition Authority (CADE) in two antitrust cases related the dominant food delivery platform iFood, one merger review and one investigation into exclusive dealing agreements. Through an in-depth examination of the case documents, this...

Policy approaches to the enforcement and licensing of standard-essential patents in wireless communications markets reflect the competing interests of entities that specialize in the innovation or implementation segments of the technology supply chain. This same principle can anticipate the...