Die Alternative 'Ex-Ante-Regulierung versus Ex-Post-Aufsicht' ist der Kern der ordnungspolitischen Kontroversen der letzten Jahre im Bereich der Netzindustrien - insbesondere in der Telekommunikation und der Energiewirtschaft. Die grundlegenden Reformen des ordnungspolitischen Rahmens haben in...

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

In this paper, we will analyse further the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access...

Article 82 of EC Treaty prohibits any abuse by one or more undertakings of a dominant position; the examples contained of “abuse” reflect a variety of public policies that have led European antitrust authorities in several directions simultaneously, indicating also a highly regulatory policy...

The price-squeeze doctrine, and the discussion of up to what extent can a dominant firm discipline its rivals by means of pricing policies has lead to a wide divergence of antitrust enforcement and consequent liability rules across the Atlantic, and even between US' agencies – the Department...

This article examines the issue of the appropriate scope of review of economic evidence enshrined in the discretionary assessments of utility regulators in the US and the UK. It advances a balance of institutional competencies approach to the question of the degree of deference owed to the...

On December 15, 2011, Phoebe Putney Health System acquired the only other hospital in Albany, Georgia — Palmyra Medical Center — despite the Federal Trade Commission's challenge of the merger as anticompetitive. The acquisition was consummated after the district and appellate courts ruled...

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,...

As the embodiment of classical competition, freedom of contract was still a fundamental notion for the American economists of the Gilded Age. For this reason, it played a key role in the controversies about competition and regulation that agitated the US legal and political landscape between...