Im Dezember vergangenen Jahres hat das Europäische Parlament einer Vorlage der Europäischen Kommission zugestimmt, wonach die Schutzrechte für das Design von Auto-Ersatzteilen eingeschränkt werden sollen. Für Ersatzteile, deren Design maßgeblich für ihre Funktionalität oder ihr äußeres...

There are very few industries that can attract the attention of Congress, multiple federal and state agencies, consumer groups, economists, antitrust lawyers, the business community, farmers, ranchers, and academics as the agriculture workshops have. Of course, with intense interest from...

The aim of this article is to explore the most recent appeals concerning illegal cartels under Article 101 TFEU by revealing the relevant principles underpinning both the substantive and the procedural review of price-fixing agreements. Arguments advancing a perceived ‘criminalisation' of the...

The aim of this paper is threefold. First, it seeks to contribute to a more fine-grained comparison between US antitrust and EU competition law by (selectively) including state antitrust laws as well as laws that pursue objectives different from the antitrust laws but interfere with the aims of...

Brands and brand management have become a central feature of the modern economy and a staple of business theory and business practice. Contrary to the law’s conception of trademarks, brands are used to indicate far more than source and/or quality. This volume begins the process of broadening...

In the European Union Emissions Trading Scheme, the supply of carbon permits is determined in a decentralized manner by the Member States. Alternatively, the supply could be determined by the EU central authority. We analyze whether decentralization leads to lower total abatement costs under...

The EU competition policy in regard to vertical restraints is mainly based upon neoclassical efficiency-oriented reasonings, leading to a neglect of the innovation dimension. This paper analyses to what extent evolutionary theories of competition and innovation economics can be used to derive...

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

Many voluntary agreements (VA's) fall under the European or Dutch cartel prohibition (Article 81 EC, Article 6 Mededingingswet). This paper starts with an abstract description of the relation between competition and environmental protection. Particular attention is paid to the role in this...

In this paper we will examine the issue of ownership unbundling and forced divestiture remedies imposed in a series of recent competition law cases of the energy market - examined in other papers - in relation to the possible existence of a series of legal obstacles. These energy market...