Der vorliegende Beitrag erörtert die wichtigsten Herausforderungen, die sich durch die Digitalisierung stellen. Analysiert werden die Fragen, inwiefern die die Digitalisierung zu einer Monopolisierung von Märkten führt, wie das Kartellrecht nach der 9. GWBNovelle diese Befürchtungen...

Since even before Copperweld Corp. v. Independence Tube Corp., 467 U.S. 752 (1984), it has been thought that antitrust needs some "theory of the firm" to inform its application of a "single-entity" defense in Sherman Act section 1 litigation. Not only is that sense mistaken, it is emblematic of...

Surrounding the passage of Dodd-Frank, a noted author argues that existing market manipulation statutes cannot effectively prosecute manipulation cases because the statutes prohibit fraud, not market power. This is incorrect. While traditional economic theory can explain the incentives...

Big business plays cat & mouse with market regulators. Market participants try to avoid the competitive pressures that the regulators are working to keep up. Only if the latter play these games at least as cleverly as the former can we reap all the fruits of competition. A case in point is the...

In this paper, we will analyse further the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access...

Consumer advocates won a victory with the passage of the Credit Card Accountability Responsibility and Disclosure Act of 2009. (Credit Card Act). The Credit Card Act bans certain pricing practices that were confusing to credit card users. Ironically, the seeds of this legislative victory may...

Two panel opinions of the Seventh Circuit reached opposite conclusions in two massive antitrust cases during the past year, even though they purported to apply the same, now-infamous Twombly-Iqbal pleading standard, and even though the complaints in the two cases were very similar and the...

The CFTC adopted new market manipulation rules on July 7, 2011. In addition to retaining the Commission's existing anti-manipulation authority under the CEA's "artificial price" standard, these rules give the Commission the ability to bring enforcement actions under a "fraud-based" standard...

The two central pricing rules contained in most antirust laws are prohibitions of below-cost pricing and prohibitions of discriminatory pricing. This article shows that the rule against discriminatory pricing may actually induce firms to charge exclusionary below-cost prices, even in the...