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The Roberts Court's reign at the United States Supreme Court is only in its nascent stages. Already, however, its antitrust activity level has far exceeded the Court's single case average prior to the 2003-04 Term by a significant margin. The recent flurry of antitrust activity and the likely...
Persistent link: https://www.econbiz.de/10012766392
A quot;price squeeze,quot; or quot;margin squeeze,quot; is a theory of antitrust liability under section 2 of the Sherman Act that concerns a vertically integrated monopolist that sells its upstream bottleneck input to firms that compete with the monopolist's production of a downstream product...
Persistent link: https://www.econbiz.de/10012766481
Distribution cartels in the automotive sector used to be frequently dismantled and sanctioned by the European Commission and the EU Courts still some 15 years ago. In recent years, however, only a few cases have been reported at the national level of EU Member States. Is it because the...
Persistent link: https://www.econbiz.de/10012817885
Justice Gorsuch began the oral argument in Ohio v. American Express with pointed questions on consumer welfare, output, and deadweight loss. Justice Breyer began his dissent with a spirited defense of the “American approach” to using antitrust litigation, rather than government regulation,...
Persistent link: https://www.econbiz.de/10012866957
• There is not a unique legal test in EU competition law. There is conduct that is prima facie unlawful irrespective of its effects, and conduct that is lawful. In between, some practices are prohibited where actual or likely effects can be shown.• This paper seeks to map the various tests...
Persistent link: https://www.econbiz.de/10012869624
America's failing antitrust system is, in large part, to blame for today's market power problem. Lax antitrust law and enforcement have allowed troubling trends like corporate consolidation to remain unchallenged, further embedding our skewed economy. In highly consolidated markets, consumers...
Persistent link: https://www.econbiz.de/10012850758
In the paper, the fundamental question is under what conditions loyalty discounts and rebates adopted by a dominant firm cause anti-competitive effects. Fidelity schemes, although extremely frequent in the market, if applied by a dominant firm, are likely to be judged as illegal per se, as...
Persistent link: https://www.econbiz.de/10012856715
• Pay-for-delay cases raise fundamental points of law, including the notion of (potential) competition and restriction by object.• According to the rich case law addressing the relationship between Article 101(1) TFEU and intellectual property – including Nungesser and BAT (Toltecs-Dorcet)...
Persistent link: https://www.econbiz.de/10012858572
Persistent link: https://www.econbiz.de/10013049307
The enforcement policy of the Egyptian Competition Law reveals that there are two varying approaches in relation to the concept of related parties/single economic unit. The first requires for parties to be related, to be active in the same relevant market. This created discrepancies in practice....
Persistent link: https://www.econbiz.de/10013019016