There is vast literature on both harmonization and globalization. Much of the extensive commentary, at least in the United States, is outward looking. It focuses on how other countries have changed, or should change, their laws and legal culture to more fully participate in the global economy...

Since Oliver Williamson published Markets and Hierarchies in 1975 transaction cost economics (TCE) has claimed an important place in antitrust, avoiding the extreme positions of the two once reigning schools of antitrust policy. At one extreme was the “structural” school, which saw market...

Electronic sports (esports) offers a novel case study in how antitrust analysis should approach multi-sided markets that rely on the ability of numerous entities to access intellectual property (IP). A game publisher's IP in its game allows for permissible monopolization, but also creates...

A recent investigation of the EU's pharmaceutical market carried out by the European Commission has been shedding new light on the question of abuse of a dominant position pursuant to Article 102 TFEU by holding, acquisition or exploitation of IP rights. This so-called 'sector inquiry'...

The United States stood virtually alone when it enacted its first antitrust statute in 1890. Today, almost all nations have adopted competition laws (the term used in most other nations), and US antitrust agencies interact with foreign enforc-ers on a daily basis. This globalization of antitrust...

Five great attempts have been made to achieve a true international harmonization of competition law in the twentieth century. None has been successful. Despite the failures of the League of Nations, the International Trade Organization (ITO), the Economic and Social Council of the United...

This article examines the issue of whether United States antitrust law can be an affirmative tool to help US firms sell products and services into markets that have been closed to foreign competition as a result of either governmental or private barriers to trade. The issue first surfaced in the...

There remains a broad conflict over the direction of future progress in international competition law. This conflict is exemplified by the very different tone and recommendation of expert commentators such as Judge Diane Wood and Eleanor Fox. This conflict is generally portrayed as a dichotomous...

The UK Office of Fair Trading (OFT) has been a highly rated competition law enforcer. Yet its antitrust performance activities fall far short of this image. Here a critical assessment is made of the OFT's antitrust enforcement activities, and the claim that there is quantitative survey evidence...