This short paper summarizes the main findings of a comprehensive study the authors conducted on the way “vertical restraints” adopted by dominant firms (with a focus on exclusive dealing, rebates and discounts and tying) have been treated by enforcement agencies and courts in the European...

This study concerns the way agreements between a dominant supplier and its customers that restrict the ability of those customers to buy from the dominant firm’s rivals, including exclusive dealing, conditional rebates and tying and bundling (hereafter, “vertical restraints”) have been...

For several years, an increasing number of commentators have been expressing concern that the U.S. has a growing market power problem. Further that dysfunction in the U.S. antitrust institutions, and their failure to protect competition, has damaged the economy. These concerns have led to...

This chapter examines the way that EU competition law applies to exclusionary pricing abuses, focusing on predatory pricing, selective low pricing, margin squeeze, rebates and other forms of price discrimination. It considers whether the evolution in the jurisprudence reflects a less formalistic...

This article outlines the principal reform proposals set out in the UK Government's Consultation Document, ‘A Competition Regime for Growth: A Consultation on Options for Reform.' Given the huge breadth of the proposals, however, it does not discuss each proposal in detail but focuses on the...

Governments around the world spend an estimated $9.5 trillion of public money purchasing goods and services each year (public procurement). Not only does this represent a significant proportion of government expenditure (29.1 percent on average in OECD countries) and of total gross domestic...

This article explores the question of whether, following the modernization of EU competition law, Article 101(1), or Article 101 as a whole, requires, or is developing toward requiring, a rule of reason analysis similar to that carried out in the US under section 1 of the Sherman Act of 1890. It...

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...

Although competition law and IP law probably pursue complementary goals, competition laws can:(i) affect remedies available for patent infringement; and/or otherwise,(ii) limit the conduct of patentees, particularly when transferring or licensing their patents. This chapter discusses the cases...

This paper provides comments on the investigation by the US House Judiciary Committee (“the Committee”) into the state of competition in the digital marketplace. The comments focus on the third topic identified by the Committee:"Whether the institutional structure of antitrust enforcement...