The Microsoft cases in the United States and in Europe have been influential in determining the contours of the substantive liability standards for dominant firms in US antitrust law and in EC Competition law. The competition law remedies that were adopted, following the finding of liability,...

• Pay-for-delay cases raise fundamental points of law, including the notion of (potential) competition and restriction by object.• According to the rich case law addressing the relationship between Article 101(1) TFEU and intellectual property – including Nungesser and BAT (Toltecs-Dorcet)...

The paper provides an overview of the enforcement activity of the Spanish competition authority in the digital economy. It explores, in particular, (i) the authority's approach to market definition and the assessment of market power; (ii) the main theories of harm developed in its decisions; and...

This article examines the meaning and scope of the notion of anticompetitive effects in EU competition law. It does so by bringing together several strands of the case law (and this across all provisions, namely Articles 101 and 102 TFEU and merger control). The analysis is structured around a...

• There is not a unique legal test in EU competition law. There is conduct that is prima facie unlawful irrespective of its effects, and conduct that is lawful. In between, some practices are prohibited where actual or likely effects can be shown.• This paper seeks to map the various tests...

This study analyzes and contrasts the U.S. and EU antitrust standards on bundling (in its various forms) and tying. The analysis is applied to the U.S. and EU cases concerning Microsoft's practice of integrating (tying) new products (Internet Explorer in the U.S. and Windows Media Player in the...

The design of products and firms' business models are subject to increased scrutiny by competition authorities (including the European Commission) within the EU. This trend is the consequence of the focus on agencies' efforts on digital markets. Product design and business model cases differ...

This chapter considers the boundaries of the notion of abuse of dominance (broadly conceived) from a comparative standpoint (in particular, by reference to the EU and US systems). It shows, first, that it is not possible to meaningfully distinguish between inherently ‘improper’ and valid...

We present a model of a market failure based on a requirement provision by digital platforms in the acquisition of personal information from users of other products/services. We establish the economic harm from the market failure and the requirement using traditional antitrust methodology....