This paper aims at highlighting the Commission's approach towards the relation between sector specific regulation and general competition law, especially concerning energy markets and the road to Internal Market objective.We firstly present Trinko case, in order to focus on two crucial and...

Public enforcement of competition law in Germany is well-established and follows relatively clear rules. Two routes are available: an administrative proceeding that may lead to prohibition decisions and minor remedies, and a quasi-criminal regulatory offence proceeding that also allows for the...

This post briefly discusses the decision of the EU General Court on Servier v. Commission (T‑691/14), the second "pay-for-delay" patent settlement case in the EU after the Lundbeck case. The 3 criteria upheld by the Court in order to determine whether the patent settlements at issue...

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...

The aim of this working paper is to preliminary identify those processes triggered by the rise of illiberal populism which have a potential to adversely affect the competition law system. It is hypothesized that these processes may be of a three-fold nature: 1) they may involve limitations on...

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...

Antitrust law is undergoing a transformation that is detrimental to the interest of the general public. “Romantics” are taking over antitrust law—a fact evinced by recent public outreach instruments. This transformation is grounded in populist rhetoric that pits the “elites” (often,...

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 1945 McCarran-Ferguson Act provides that federal legislation generally, including the antitrust laws, is “applicable to the business of insurance [only] to the extent that such business is not regulated by State law.” The statute was enacted after United States v. South Eastern...