The ministerial proposal for a 10th amendment of the German competition law particularly addresses abuse control and seeks to tighten this pillar of competition policy against the background of the challenges from the digital economy. Next to extending the classic policy instruments of abuse...

This article analyzes one of the most contentious issues over the past fifty years in international economic law - the extent to which a nation may apply its law on an extraterritorial basis and the limits, if any, posed by the doctrine of international comity. This article examines the reasons...

In recent years, the OECD's Competition Committee has held a number of roundtable discussions on issues related to liability in abuse of dominance cases; in its June 2006 meeting, the Committee turned its attention to the question of what to do with companies once their liability has been...

Antitrust began with the common law tort of restraint of trade but has long since separated itself from the rest of tort law, particularly in the area of punishment. Since the passage of the Sherman Act in 1890, the principal remedies for antitrust violations have been criminal penalties and...

On 1 September 2006, the European Commission published new Guidelines on the method it will use when setting fines for undertakings that have infringed the competition rules laid down in Articles 81 and 82 of the EC Treaty. This paper discusses the questions what the purpose is of guidelines,...

On Friday, April 11th, 2008, the second leg of the Antitrust Marathon took place. A number of antitrust practitioners and scholars from Europe and North America met at the Competition Appeal Tribunal in London to discuss the comparative state of monopolization law. This meeting, co-sponsored by...

Competition law enforcement in the EU and in most EU Member States follows an administrative model: decisions on the infringement and on the fine are taken by an administrative agency; when courts are called upon to review these decisions they traditionally leave a large measure of discretion to...

The main contents of this paper were presented at the 17th ASCOLA Annual Conference held in Porto, Portugal from June 30 to July 2, 2022. Slides are available at https://bit.ly/3JKdgUPDespite recent changes in legislative trends and enforcement practices to favor more regulatory and...

Against the backdrop of the rise of the tech giants, e.g. Amazon, Apple, Google, Facebook, modern competition law is currently being challenged within (neo-Brandeis or hipster antitrust) and outside (new platform-specific legislation) the area of the law. Right or wrong, such challenges that are...

Traditionally, the way competition law has viewed the exchange or sharing of information among competing firms, has been to some extent mainly negative, at least from the supply side. Present market conditions, an excessively transparent market, where operators exchange detailed and (prospect)...