Non-discriminatory third-party access to transportation infrastructures in electricity - transmission and distribution networks - is essential for open and effective competition in wholesale and retail electricity markets. Competition in wholesale energy markets is possible and desirable as it...

The Opinion of Advocate General (‘AG’) Rantos in Servizio Elettrico Nazionale goes to the core of Article 102 TFEU. What is an abuse? What type of conduct is abusive? When does abusive conduct take place? What are the goals pursued by the prohibition of abuse of dominance, and who should be...

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...

This article presents and analyses the results of a large-scale empirical study in which over 11,000 consumers from ten countries in five continents were surveyed about their use, perceptions and understanding of online platform services. To the author’s knowledge, this is the first...

The European Union’s Digital Markets Act (DMA) initiative, which is set to introduce ex ante regulatory rules for “gatekeepers” in online platform markets, is one of the most important pieces of legislation to emanate from Brussels in recent decades. It not only has the potential to...

Since 1997, the U.S. government has attempted to use the World Trade Organization (WTO) agreement on telecommunications services as a vehicle for exporting American principles of telecommunications regulation to other nations. The United States took the position in 1997 that the WTO...

In recent decades the relationship between competition law and regulation has become a very controversial issue, in particular in respect of the interface between competition rules and sector-specific regulation in liberalized network industries. The paper examines the controversial practice of...

This article, published in 1987, responds to John Shepard Wiley, A Capture Theory of Antitrust Federalism, 99 Harv. L. Rev. 713 (1986). In an earlier article, I argued that the "clear articulation" requirement is the best criterion for "state action" antitrust immunity because it reinforces...