Regulatory interventions aimed at promoting competition in digital markets face a challenge: how to design remedies that actually improve welfare? This Article helps provide an answer to this question. First, it maps out the frontier of remedy design: Part I.A summarizes antitrust and regulatory...

This short paper, which takes the form of observations submitted to the European Commission in the context of its decision to host a conference in Brussels in January 2019 on “Shaping competition policy in the era of digitisation”, seeks to make the following points. First, while caution...

Countries with fully liberalized telecommunications markets have adopted different mixes of antitrust and sector-specific regulatory instruments. Does the balance between the two approaches matter for competitiveness? Drawing on the experiences of Australia, Chile, New Zealand, the United...

One of the most intractable competition issues for the European Commission (the “Commission”) over the last ten years has been to define the circumstances in which the licensing conduct or litigation strategy of a standard-essential patent (often referred to as “SEP”) holders amount to...

Over the last ten years, the European Commission has been trying to increase competition in the postal sector. In order to achieve this goal, as well as other objectives such as the enhancement of the quality of postal services in the EU and the maintenance of universal service, the Commission...

In a companion note (Antitrust vs. Sector-specific Regulation in Telecom: What Works Best?), we argued that while the full liberalization of telecommunications markets provides scope for relying to a large extent on general antitrust rules and institutions as instruments of economic regulation,...

Over the last few years, the European Commission and the competition authorities of a number of (Member) States have been busy investigating transactions leading to the buying/selling of premium content rights. These cases have been triggered by several factors. First, premium content...