The EC antitrust prohibitions are regularly invoked in private litigation as a shield. Private parties also play an important role in public antitrust enforcement through complaints to the competition authorities. However, in marked contrast with the situation in the US, private actions for...

This paper concerns the relationship between public antitrust enforcement and private actions for damages, focusing in particular on the enforcement of Articles 81 and 82 EC. In the first half of the paper, I examine the respective roles of public antitrust enforcement and private actions for...

This paper deals with the fundamental procedural rights of companies that are targeted in the enforcement of Articles 101 and 102 TFEU by the European Commission or the competition authorities of the EU Member States. The paper first provides a (non-exhaustive) list of such rights as applicable...

The digitalisation of the economy and the emergence of players like online platforms and other digital service providers have brought new challenges for the effective enforcement of EU laws. This contribution looks at how public enforcement could be optimised in the EU by enhancing co-operation...

The digitalisation of the economy and the emergence of players like online platforms and other digital service providers have brought new challenges for the effective enforcement of EU laws. This contribution looks at how public enforcement could be optimised in the EU by enhancing co-operation...

When should laws be enforced by private actors and when should society rely on law enforcement by public authorities? This question has been analyzed in great detail in law & economics scholarship. This article surveys the literature and outlines a framework of criteria for deciding whether...

Opponents of — and sometimes advocates for — sanctuary policies typically describe them as obstructions to the operation of federal immigration law. This premise is flawed. On the better view, the sanctuary movement comports with, rather than fights against, dominant new themes in federal...

Following the Jussila and Menarini judgments, it is now entirely clear that Article 6 ECHR, as interpreted by the European Court of Human Rights, provides no grounds for abandoning the system in which the European Commission both investigates suspected infringements of the EU antitrust...

Recidivism has in the last few years attracted much attention and controversy in the context of EU antitrust enforcement. The treatment of recidivism by the European Commission and the EU Courts has often been criticized, and the observed incidence of recidivism has led to some questioning of...