Recent court rulings, e.g., in the Gencor and Airtours cases, seem to indicate that the legal concept of joint dominance in oligopolistic markets is equivalent to the economic concept of collusion. This paper argues that the enlargement of the dominance concept to also include oligopolistic...

This paper evaluates four publicly discussed policy options to mitigate market power in the German wholesale electricity market. These four options are: a regulatory solution favoured by the Federal Ministry for Economics and Technology, the implementation of a day-ahead flow-based market...

These two papers look at recent decisions and controversies surrounding the counterfactual test under s 36 of the New Zealand Commerce Act 1986, and s46 of the Australian Competition and Consumer Act 2010 respectively. In 2010 the New Zealand Supreme Court in 0867 affirmed the counterfactual as...

We re-consider the bilateral bargaining problem of a multi-product, manufacturer-retailer trading relationship. O'Brien and Shaffer (Rand JE 35:573-598, 2005) have shown that the unbundling of contracts leads to downward distorted production levels if seller power is strong, while otherwise the...

The purpose of this working paper is to bring a behavioral lens to the review and analysis of the competition literature on labour market power, monopsony, and oligopsony, the behavioral and more conventional labour market economics literatures that are relevant to labour market competition and...

The number of public firms in the United States has halved since the beginning of the twenty-first century, causing consternation among corporate and securities law regulators. The dominant explanations, often advanced by Securities and Exchange commissioners when considering policy initiatives,...

Market power on each side of a multisided platform, whether in the form of increasing prices or decreasing quality, is constrained by the risk of losing sales on the other sides. That tends to weaken market power on each side and encourages platforms to keep prices lower and quality higher than...

In electricity and other industries, it is increasingly common for a utility's upstream affiliate (i.e., an electric generation supplier) to be unregulated while its downstream affiliate (i.e., the local distribution company offering retail service) is subject to regulation. In these industries,...

This is a survey of the economic principles that underlie antitrust law and how those principles relate to competition policy. We address four core subject areas: market power, collusion, mergers between competitors, and monopolization. In each area, we select the most relevant portions of...

The last couple of years have seen an increasing interest in critical loss analysis, both, in academia and in practice. This development is documented by various research papers, high-level exchanges between antitrust experts as well as an increasing number of case decisions which make use of...