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The present paper analyzes the interaction between the economic review of the probition of abuses of a dominant position (Article 82 EC) on the one hand and the efforts to enhance private enforcement of competition law through private damage claims on the other hand. The paper argues that...
Persistent link: https://www.econbiz.de/10013134375
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A substantial number of cartels in the European Union are detected and enforced by the national competition authorities (NCAs). The effectiveness of domestic enforcement has been subject to extensive review and debates, which have recently culminated and resulted in the proposal for the ECN+...
Persistent link: https://www.econbiz.de/10012868781
Following the decisions of the European Court of Justice in the Courage and Manfredi cases, victims of antitrust practices may seek redress before their national civil courts against the infringing businesses. In Spain, an empirical study on private enforcement of competition law collecting the...
Persistent link: https://www.econbiz.de/10013004789
The recent US Supreme Court decision in American Express v. Italian Colors Restaurant threatens to gut private antitrust enforcement in the United States by replacing it with ineffective forms of arbitration. The Court's logic that the right to pursue a claim does not include a right to prove it...
Persistent link: https://www.econbiz.de/10013005333
The growing scale of enforcement of China's Anti-Monopoly Law (AML) has drawn the attention of multinational businesses, their legal counsels, and the academic community concerned with the development of this branch of law. While much of the public discourse has evolved around the public...
Persistent link: https://www.econbiz.de/10012923559
In this article, the authors show that blockchain can help in reaching the goals of antitrust law in situations where the rule of law does not (fully) apply. They detail what needs to be done to this end, from both a technical and legal standpoint
Persistent link: https://www.econbiz.de/10013248037
Antitrust law is having a moment. After decades of languishing as a relatively technical legal specialty, issues of corporate concentration, income inequality, abuse of dominance and power, and the harms of lenient merger policy have returned as issues of public discussion and debate.The return...
Persistent link: https://www.econbiz.de/10012827246
The increased importance of antitrust as a campaign issue and a political conversation raises long-standing troubling issues of whether antitrust enforcement (or non-enforcement) can, and is, being used for partisan political purposes. First, there were long standing rumors of White House...
Persistent link: https://www.econbiz.de/10012827834
Today's conversation about antitrust civil remedies generally, and the private action specifically, focuses most often on optimal deterrence and effectiveness. Lost in conversation is the basic idea that antitrust violations cause economic harm and that those victimized by that harm should be...
Persistent link: https://www.econbiz.de/10012848658