These two papers look at recent decisions and controversies surrounding the counterfactual test under s 36 of the New Zealand Commerce Act 1986, and s46 of the Australian Competition and Consumer Act 2010 respectively. In 2010 the New Zealand Supreme Court in 0867 affirmed the counterfactual as...

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...

Practices and conducts in professional and even amateur sports can be subject to competition laws as soon as commercial activities are involved. From an economic perspective, this implies that both directly commercial activities like the sale of broadcasting/media rights and indirectly...

Florence Thépot provides the first systematic account of the interaction between competition law and corporate governance. She challenges the 'black box' conception of the firm- or 'undertaking' - in competition law, as applied to increasingly complex corporate relations. The book opens the...

The Antitrust Marathon is a long-running series of roundtable discussions sponsored by the Institute for Consumer Antitrust Studies of Loyola University Chicago School of Law and the Competition Law Forum of the British Institute of International and Comparative Law, focusing on enduring issues...

State compulsion was developed by the Egyptian Competition Authority’s (the "ECA") practice under the Egyptian Competition Law ("ECL"), stemming from the fact that contracts or agreements presuppose that their parties concluded them willfully. However, considering the ECA's decisions, it will...

This paper analyses how governments can introduce more competition in the pharmaceutical sector. Considering it involves harmonizing issues such as incentives to innovate and perform research and development (R&D), Intellectual Property (IP) rights, healthcare policy and public budget concerns,...

For the first time in 40 years, Korea has completed a major revision of its competition law, the Monopoly Regulation and Fair Trade Act. The new amendments enter into force in December 2021. To mark this occasion, we explore both the broader context and the key features of the legislative...

Public and private action against cartels is an internationally recognized cornerstone of antitrust enforcement. Effective private enforcement requires that cartel victims can receive (at least) full compensation for the harm suffered. Academics and competition authorities support this goal with...

Damage compensation claims in case of cartels are supposed to increase deterrence, compensate losses and increase efficiency. I show that such claims can instead have adverse effects: If suppliers or buyers of cartelists are compensated in proportion to the profits lost due to the cartel,...