I present the following proposal: information revealed during non-cartel investigations by competition law enforcement authorities, such as evaluation of M&As or investigation of monopolization (dominance) conduct, should be directly used to investigate and prosecute cartels. Currently, in...

Under US federal antitrust law, predatory pricing requires both pricing below cost as well as a reasonable prospect of recoupment on investment. Recent changes in Canadian law have moved away from the recoupment test and this article critically examines the rationale and wisdom of such...

Athletes always want more money, they all believe they deserve a bigger check and the athletes of the Ultimate Fighting Championship (“UFC”) are no different. Fighters of the most prominent mixed marital arts (MMA) promotion, the UFC, feel as though they are not being compensated adequately....

Licensing Intellectual Property rights generates revenue for the owners of such rights. Bundling IP rights in a single license can generate more revenue. Patent rights and trade secret rights are somewhat conflicting IP rights. Combined licenses issued for using both patent rights and trade...

Competition law accommodates two different contexts within which economics may be applied, each defined by a distinct type of cause-effect relationships. First, there are effects of competition law on business conduct (deterrence effects), embodying the fact that businesses take into account...

Patent licensing contracts commonly prohibit licensees from challenging the validity of the patents at the basis of the contract or penalize such challenges. A considerable debate has emerged as to whether courts should enforce these challenge clauses. We argue that this debate has not gone far...

In European legal scholarship, many articles discuss the equilibrium reached in the case-law of the Court of Justice of the European Union (“CJEU”) when the EU antitrust prohibitions apply to, and restrain, the free and ordinary use of intellectual property rights (“IPRs”). We call this...

This chapter provides a survey of the law and literature on monopolization. The focus is American law, but the issues considered are equally applicable to European law. After briefly reviewing the history of monopolization law in the U.S., I review various approaches to the legal standard for...

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+...