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,...

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 aim of this research is to provide the basic parameters for a model for the definition of the relation between the general competition and sector specific frameworks and rules regarding the regulation of the Internal Energy Market, especially after the Third Energy Package. The research...

In August 2008, the Polish Competition and Consumer Protection Authority (CCPA) referred to the European Commission the results of its proceedings concerning the conditions of sale of laptops with a pre-installed Windows operating system. According to the CCPA, Microsoft and laptop manufacturers...

Governments play a significant role in determining how markets function and use a variety of policies for this purpose, including economic regulation, trade policy and antitrust. Some of these policies (i.e. trade policy and antitrust) in principle promote competition directly, but sometimes are...

Digital platforms are at the heart of online economic activity, connecting multi-sided markets of producers and consumers of various goods and services. Their market power and their privileged ecosystem positions raise concerns that they may engage in anti-competitive practices that reduce...

The Australian Competition & Consumer Commission (ACCC) released its Digital Platform Services Inquiry, Interim Report No. 5 (Regulatory Reform) in September 2022. In December 2022, the Australian Treasury requested comments on the report. The ACCC Report recommends, inter alia, several...

This Comment is submitted to the United States Department of Justice (DOJ), Antitrust Division Public Roundtable Series on Competition and Deregulation, Third Roundtable On Anticompetitive Regulations. The Global Antitrust Institute's Competition Advocacy Program applauds the DOJ for...

Hybrid governance structures between markets and hierarchies in many industries, e.g., in energy and telecommunications, challenge antitrust and regulation policy. The paper focusses on the theoretical and methodological basis provided by the New Institutional Economics (NIE) for analyzing the...

This Article challenges the various jurisdictional theories that underpin the FCC’s net neutrality regulation. The assertion of jurisdiction by the FCC over any aspect of the Internet ecosystem has raised populist, congressional, and even judicial rhetoric to a crescendo and resulted in a...