By reference to case-law and soft law in three jurisdictions (Canada, US and EU), this paper explores how courts and agencies carry out balancing exercises in the application of competition law. The paper identifies three approaches: utilitarian balancing, consumer welfare balancing, and...

Acquisitions of nascent competitors by digital gatekeepers are often not covered by EU (or sometimes national) merger laws because they fall below the thresholds that trigger a duty to notify, hence there is a merger gap. After outlining the competition concerns and the legislative activities...

The Digital Markets Act (DMA) is a major policy initiative to regulate platform gatekeepers in a more systematic manner than under competition law. This paper reflects on the institutional setup in the Commission proposal. While the DMA is well-designed, this paper recommends improvement in the...