In competition law, the problem of the optimal design of institutional and procedural rules concerns assessment processes of the pro- and anticompetitiveness of business behaviors. This is well recognized in the discussion about the relative merits of different assessment principles such as the...

Although both in US antitrust and European competition law there is a clear evolution to a much broader application of "rule of reason" (instead of per-se rules), there is also an increasing awareness of the problems of a case-by-case approach. The "error costs approach" (minimizing the sum of...

The US Supreme Court’s overruling of the pre-existing per se illegality of resale price maintenance and the recommendation of a rule of reason approach in the Leegin decision (2007), raise the question whether other jurisdictions should follow this approach and what future assessments of...

In this paper we examine the often neglected role of the nexus between law and economics in the context of assessing regulatory efficiency. Through some fairly straightforward conceptual exposition and an empirical analysis of the regulation of intellectual property in the USA, we demonstrate...

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...

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 this article, the authors review the relationship between the Commission, the national regulatory authorities (NRAs) and national courts in light of the Commission's proposals for reform as laid out in the 2006 Review. They focus upon the Article 7 and Article 4 procedures of Directive...

The purpose of this paper is two-fold. First, it lays forth a rationale for the use of court cases in teaching a sports economics class. Second, it provides an overview of the most important cases related to sports economics. Court classes allow students to develop critical reading and reasoning...