This article investigates the purpose and workings of EU competition law and policy: how does the protection of competition promote welfare? It scrutinizes the claim that sustainable consumption and production (SCP) requires flexible rather than strict enforcement of Article 101 TFEU. Flexible...

We briefly review the relevant economic theories and legal treatment of vertical restraints, and especially focus on the 1977 landmark case of Sylvania and its possible influence on China's antitrust enforcement on vertical restraints. China's competition policy, and particularly its...

The European Commission (EC) and the European Courts have being reaffirming in the Deutsche Telekom and Telefónica cases that guide-prices established by sector regulators upon electronic communications incumbents cannot per se exclude that conducts with anticompetitive foreclosure effects,...

This article investigates the purpose and workings of EU competition law and policy: how does the protection of competition promote welfare? It scrutinizes the claim that sustainable consumption and production (SCP) requires flexible rather than strict enforcement of Article 101 TFEU. Flexible...

Consumers suffer from high drug prices, which stem in large part from pharmaceutical companies’ anticompetitive games. This essay discusses the crucial role antitrust enforcement agencies can play in addressing pay-for-delay settlements and product hopping and draws lessons from this...

The US competition agencies – the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) – often share jurisdiction with sectoral regulators also charged with fostering competition, such as the Federal Communications Commission (FCC). This article...

The results of MOFCOM's review in Wal-Mart’s acquisition of control of Yihaodian is a reminder that non-competition factors play significant roles in AML merger control. MOFCOM’s decision in Wal-Mart/Yihaodian may be a striking "throw back" to the Coca-Cola/Huiyuan and Mitsubishi...

The spread of competition laws in Latin America has been accompanied, as in Central and Eastern Europe, by warnings against over-enforcement, and in particular against enforcement of provisions against the "abuse of a dominant position" in a market that may discourage legitimate, pro-competitive...

The ne bis in idem principle (the prohibition of double jeopardy) is a fundamental protection under EU law. It has long been of particular importance in the decentralised system of EU competition law enforcement brought about by Regulation 1/2003. While the mechanism for cooperation between the...

Antitrust jurisdictions all over the world are looking at new rules for digital markets to manage possible forms of monopolization because the consumer welfare standard would be ill-adapted to ensure competition in digital platforms. This paper proposes a different solution by exploring a...