Regulation and competition policy are two alternative modalities by which the state intervenes in the market. In order for either to deliver welfare gains, there must first be a pre-existing market failure. We first present different varieties of market failures and identify those for which...

Modern antitrust engenders a possible conflict between public and private enforcement due to the central role of Leniency Programs. Damage actions may reduce the attractiveness of Leniency Programs for cartel participants if their cooperation with the competition authority increases the chance...

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...

In this article we summarize the main problems with the current LIBOR setting, describe our proposal on how to reform LIBOR through a committed quote system (“CLIBOR”), and explain why the final Wheatley Review proposal on how to reform LIBOR, and its reasons for stopping short of our...

The static model of competition, which dominates modern antitrust analysis, has served antitrust law well. Nonetheless, as commentators have observed, the static model ignores the impact that competitive (or anti-competitive) activities undertaken today will have upon future market conditions....

In this paper we especially focus on the issue of incentives to invest in relation to forced sharing of essential facilities and infrastructure in developing markets, where innovation plays a key role. We evaluate the economic consequences of third party access to the obliged to grant access...

This paper aims at highlighting the Commission's approach towards the relation between sector specific regulation and general competition law, especially concerning energy markets and the road to Internal Market objective.We firstly present Trinko case, in order to focus on two crucial and...

Professor Wright mischaracterizes both the legal basis and the factual context of the FTC's Three Tenors opinion, recently affirmed by Judge Ginsburg's opinion for a unanimous panel of United States Court of Appeals for the District of Columbia Circuit. Neither opinion's legal analysis relies on...

This chapter discusses the rationale for State aid control as part of competition law. Like in other areas of EU competition law, such as abuse of dominance and merger control, there is a clear shift towards a ‘more economic approach' and a stronger focus on efficiency. However, this stronger...