Nowadays, merger control predominantly relies upon a strict analysis of the effects from merger and acquisitions on effective competition. However, there is scope for so-called public interest considerations in several European merger control regimes and recently a number of European politicians...

European Community law has played a pivotal role in opening to competition economic sectors previously under the control of public monopolies. As with other sectors such as telecommunications, air transport, electricity, gas, and rail, the postal sector has succumbed to the wave of...

This article examines the use of arbitration in competition law from Irish perspective, with a focus on the challenges faced by arbitrators operating in a jurisdiction where infringements of the competition rules can carry the weight of the criminal law and potentially lead to custodial sentences

Waste management has gradually become an issue of major economic importance. Many operators have developed economic activities, creating, in so doing, a host of markets. The application of competition law on such markets will be assessed in this contribution, regarding more especially the...

While the issuing of loans to companies is a core functionality of modern banking, the size, or risk, of a request can exceed the limits, or appetite, of a single bank giving ground for syndication where the funding comes from a collegium of lenders. This not only provides better risk...

In this paper, we will analyse further the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access...

The study focuses on the admissibility and assessment of economic expertise in EC competition law litigation. I start by exploring the broader issues raised by the integration of economic expertise in litigation: in particular the risk of moral hazard and adverse selection because of the...

It is a well-established principle of EU competition law that parent companies can be fined for antitrust infringements by their subsidiaries. Under the new EU Directive on Antitrust Damages Actions, parent company liability is likely to be extended to private antitrust suits. In the United...

Despite the adoption of the European Damages Directive and its transposition to national legal systems, a number of obstacles to antitrust damages actions in the EU still persist. Such obstacles stem from both substantial and procedural aspects. Information and data available to plaintiffs and...

If the only thing one knew about US antitrust law were the decision of the United States Supreme Court, you would have a decidedly unbalanced view of the law. Defendants have won the vast majority of cases in that court since the early 1990s. The tone of the majority opinions of the Court has...