We briefly review the relevant economic theories and legal treatment of vertical restraints, and especially focus on the 1977 landmark case of Sylvania and its possible influence on China's antitrust enforcement on vertical restraints. China's competition policy, and particularly its...

A judicial review of the infringement decisions of the competition authority substantially affects the standard of evidence in competition enforcement as well as the structure of cases that the competition authority takes. Enforcement against concerted practice in Russia represents a case-study...

Under ex ante access regulation entrants often claim that access fees are excessive. I show that this is only the case if further entry is admitted. If the entrant is protected from further entry it would agree with the incumbent upon a strictly positive access fee which may exceed the efficient...

This paper indentifies the two-dimensional relationship that procurement and competition keep. From a ‘market’ perspective, public procurement needs to take place in an environment free from collusion between tenderers, or bid rigging. Public buyers only can achieve value for money if...

In this Article we focus upon an area in which greater convergence of U.S. policy with the practice of many foreign countries is long overdue: the treatment of public policies that suppress competition. Whereas the European Union (“EU”) and numerous other jurisdictions have taken strong...

The regulation of collective dominance is a relatively novel concept in most African telecommunications sectors. This article argues that the Nigerian legal framework for regulation of collective dominance, which was modeled substantially on EU law, although an improvement on previous rules,...

Most technical standards development organizations (SDOs) have adopted internal policies embodying “due process” criteria such as openness, balance of interests, consensus decision making, and appeals. Unlike other aspects of SDO governance, relatively little scholarly research has...

This paper finds evidence of an inverse U shape in the number of cartels detected by a Competition Agency (CA) over its lifetime. We interpret this as evidence that, as the CA builds up experience in enforcement, this feeds back into the business community to deter future cartel formation. We...

We revisit the pros and cons of cartel criminalization with focus on its possible introduction in the EU. We document a recent phenomenon that we name EU ``leniency inflation", whereby leniency has been increasingly awarded to many, and sometimes all members of a cartel. We argue that, coupled...

The antitrust laws are intended to permit procompetitive actions by firms and deter anticompetitive actions. We consider firms' incentives to use the antitrust lawsuits for strategic purposes, in particular to prevent procompetitive efficiency-improvement by rival firms. Our main result is that,...