Some legislators, especially on the far Left, have set their sights on making radical changes to federal antitrust law. They seek to weaponize antitrust law, such as by making it much easier for the federal government to wield antitrust power to reshape industries and the entire economy. This is...

Policymakers across the political spectrum are debating the virtue of the application of antitrust law to the technology sector. Some are proposing radical reshaping of federal antitrust law that would expand federal control over the economy. Others appear to want to use antitrust as a way to...

This contribution offers a critical socio-legal perspective on the European Commission's Decision in the Google Shopping investigation. In particular, three outstanding issues, concerning Google's data collection, algorithmic transparency and the beneficiaries of the Decision are explored. The...

The EC antitrust prohibitions are regularly invoked in private litigation as a shield. Private parties also play an important role in public antitrust enforcement through complaints to the competition authorities. However, in marked contrast with the situation in the US, private actions for...

This paper concerns the relationship between public antitrust enforcement and private actions for damages, focusing in particular on the enforcement of Articles 81 and 82 EC. In the first half of the paper, I examine the respective roles of public antitrust enforcement and private actions for...

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 recent years, two law review articles have proposed that the United States regulate commercial sports through a direct federal commission, rather than through traditional antitrust remedies. Nevertheless, the practical realities of commercial sports’ power to influence government policy...

Addressing climate change requires an unprecedented amount of collaboration. Investors, civil society actors, and NGOs recognize this, and are creating alliances to support collaborative climate governance. The scale of these investor alliances is massive–just consider Climate Action 100+,...

Am 28. und 29. November 2005 veranstaltete die Akademie für Politische Bildung Tutzing eine Tagung zum Thema "Macht und Verantwortung: Zu den Strategien und Einflussmöglichkeiten globaler Unternehmen". In seinem dort vorgestellten Referat beschäftigt sich Prof. Dr. Wernhard Möschel,...