The existence and the use of the essential facilities doctrine was questioned in theory and in practice. Although the doctrine was developed in antitrust, it became a frequently cited notion in the regulation of network utilities. Its relevance is hotly debated during the setup of the new...

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...

This article takes stock of the regulatory convergence between US antitrust law and EU competition law in the field of international air transport. The analysis draws a distinction between domestic aviation and international aviation and sets the boundaries of regulatory convergence in...

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 European Commission has proposed a new regulatory tool for the governance of digital markets. The Digital Markets Act (DMA) intents to limit the market behavior of so-called gatekeeper companies to ensure contestable and fair digital markets. We review the provisions of the DMA both from a...

The European Commission has proposed a new regulatory tool for the governance of digital markets. The Digital Markets Act (DMA) intents to limit the market behavior of socalled gatekeeper companies to ensure contestable and fair digital markets. We review the provisions of the DMA both from a...

Section 1 summarizes the development of competition advocacy in the public sector/“public advocacy” in Brazil (GUIMARAES 2015). Section 2 highlights the problem/lack of effectiveness of SEAE competition advocacy nonbinding opinions, and reports significant stakeholder engagement addressing...

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...

In the context of antitrust, technology is not the driver of anticompetitive conduct in digital markets, nor is punishing big companies the solution. It is most likely that markets will shift from centralized closed platforms into decentralized, open networks based on blockchain technologies....