The paper discusses how the mandate of competition agencies is affected by actions taken by populist governments. Poland serves as a case study in this respect. Two principal problems are addressed. The first one is the prioritization of consumer enforcement over competition law enforcement by...

This Article challenges the various jurisdictional theories that underpin the FCC’s net neutrality regulation. The assertion of jurisdiction by the FCC over any aspect of the Internet ecosystem has raised populist, congressional, and even judicial rhetoric to a crescendo and resulted in a...

The development of a more competition-oriented public procurement system is possible, on the basis of the principle of competition that is embedded in the EC public procurement Directives. This paper explores the existence of the principle of competition, roughly delimits its scope, and broadly...

This essay is the introduction to a forthcoming volume entitled, Regulating Innovation: Competition Policy and Patent Law Under Uncertainty (Cambridge U. Press 2009 forthcoming). In addition to introducing all of the papers in the volume, this essay introduces the organizing themes of the...

Merging utilities are frequently required to share the economic benefits of a merger with ratepayers. These benefits are often measured using stock price movements at the time of the merger announcement. While event studies of this sort can be a powerful and appropriate tool, improper...

This article is about the relationship between antitrust and consumer protection law. Its purpose is to define each area of law, to delineate the boundary between them, to show how they interact with each other, and to show how they ultimately support one another as the two component parts of an...

This article examines the intersection of antitrust and intellectual property law, critiquing the government's approach and proposing amendments to current standards. In particular, this article focuses on the U.S. Department of Justice and Federal Trade Commission's treatment of innovation...

Hybrid governance structures between markets and hierarchies in many industries, e.g., in energy and telecommunications, challenge antitrust and regulation policy. The paper focusses on the theoretical and methodological basis provided by the New Institutional Economics (NIE) for analyzing the...

Antitrust guarantees a particular distribution of wealth between consumers and producers. Big data allows firms with pricing power to identify the highest price a consumer is willing to pay for a good and charge it to her. The practice upends the current distribution of wealth by allowing firms...

Most technical standards development organizations (SDOs) have adopted internal policies embodying “due process” criteria such as openness, balance of interests, consensus decision making, and appeals. Unlike other aspects of SDO governance, relatively little scholarly research has...