This paper critically reviews the European Commission’s proposed Directive on future rules concerning actions for damages for competition law infringements under national law. It is argued that the proposal underestimates the importance of loss of profits induced by increased prices and does...

Severe limitations on antitrust enforcement officials’ knowledge and the potential impact of ill-advised investigations and prosecutions on markets suggest that officials should exercise extraordinary caution in enforcement of restraints on single-firm conduct. Although it is common to depict...

L’Autorité de la concurrence doit-elle, dans le cadre de sa fonction consultative, disposer de toutes libertés ? Retour sur l’avis n°12-A-01 du 11 janvier 2012 portant sur la distribution alimentaire à Paris Marc Deschamps1 ATER à l’Université de Lorraine, GREDEG-CNRS et BETA-CNRS...

In the context of globalisation and EU member states’ efforts to overcome the difficulties of the economic crisis, realising the full potential of the Single Market is the main component of a credible plan for higher and sustainable growth in the EU. Competition policy is the central pillar of...

We model merger control procedures as a process of sequential acquisition of information and compare US and EU procedures. In the US, the authorities do not have to justify their decision to require further information (issue a second request), whereas in the EU, the authorities face a di_erent...

Outsiders often have and seek to trade on a firm's material, nonpublic information. For example, lawyers have traded on advance information about the filing of a lawsuit, a social activist has announced a plan to trade on advance information of a boycott, and a hedge fund operator has engaged in...

This Article contributes a novel idea to the literature on capital market gatekeepers: positive incentive systems for gatekeepers to perform functions not required of them in exchange for rewards if they perform the functions successfully. Capital market gatekeeping theory relies upon the...