This short paper summarizes the main findings of a comprehensive study the authors conducted on the way “vertical restraints” adopted by dominant firms (with a focus on exclusive dealing, rebates and discounts and tying) have been treated by enforcement agencies and courts in the European...

Regulatory interventions aimed at promoting competition in digital markets face a challenge: how to design remedies that actually improve welfare? This Article helps provide an answer to this question. First, it maps out the frontier of remedy design: Part I.A summarizes antitrust and regulatory...

This study concerns the way agreements between a dominant supplier and its customers that restrict the ability of those customers to buy from the dominant firm’s rivals, including exclusive dealing, conditional rebates and tying and bundling (hereafter, “vertical restraints”) have been...

For several years, an increasing number of commentators have been expressing concern that the U.S. has a growing market power problem. Further that dysfunction in the U.S. antitrust institutions, and their failure to protect competition, has damaged the economy. These concerns have led to...

This article explores the question of whether, following the modernization of EU competition law, Article 101(1), or Article 101 as a whole, requires, or is developing toward requiring, a rule of reason analysis similar to that carried out in the US under section 1 of the Sherman Act of 1890. It...

In spite of the ASEAN goal of harmonising national competition policies and laws, the ASEAN Member States (AMSs) adopt an array of different approaches towards a number of procedural and substantive competition law issues, including the substantive appraisal of vertical agreements. The question...

This paper provides comments on the investigation by the US House Judiciary Committee (“the Committee”) into the state of competition in the digital marketplace. The comments focus on the third topic identified by the Committee:"Whether the institutional structure of antitrust enforcement...