Antitrust guidelines of the major jurisdictions, to a greater or lesser degree of detail, comment on the likelihood of entry, various factors and barriers that determine entry conditions, and the assessment of actual and potential competition. I note that the treatment of potential competition,...

The general aim of this paper is to show how legislatures have shaped competition law in Latin America and the Caribbean (hereinafter LATCA). It also makes an assesment of the processes of harmonization and the resulting convergence of competition law in the region. It is found that legal...

Although both in US antitrust and European competition law there is a clear evolution to a much broader application of "rule of reason" (instead of per-se rules), there is also an increasing awareness of the problems of a case-by-case approach. The "error costs approach" (minimizing the sum of...

The National Collegiate Athletic Association (“NCAA”) oversees nearly every aspect of the $11 billion college sports industry. Its powers include scheduling championship events, determining eligibility rules, entering into commercial contracts, and punishing members that refuse to follow its...

In spite of the ASEAN goal of harmonising national competition policies and laws, the ASEAN Member States (AMSs) adopt an array of different approaches towards a number of procedural and substantive competition law issues, including the substantive appraisal of vertical agreements. The question...

This paper focuses on the application of EU competition law to regulated network industries. It does so by discussing the 2015 ruling of the General Court in the Orange Polska case, which confirmed the imposition of a fine of over EUR 127 million on the Polish incumbent for engaging in a...

The main contents of this paper were presented at the 17th ASCOLA Annual Conference held in Porto, Portugal from June 30 to July 2, 2022. Slides are available at https://bit.ly/3JKdgUPDespite recent changes in legislative trends and enforcement practices to favor more regulatory and...

EU competition law is traditionally understood in two-dimensions: judicial control and enforcement. This paper considers a third dimension: its normative concerns in the context of EU law. In mapping the future of these dimensions, the paper asks if the understanding behind the modernisation of...

Ever since the adoption of the Digital Single Market Strategy in 2015, and in response to the Commission’s findings in its E-commerce Sector Inquiry of 2015, the concerns about the restrictions on online trade that persist in the digital market have increased. Above all, geo-blocking practices...

Article 3 of Regulation 1/2003 obliges the competition authorities of the EU Member States (national competition authorities or NCAs) to apply Articles 101 and 102 TFEU (EU antitrust law) whenever they apply national competition law to conduct falling within the scope of EU antitrust law....