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 US Supreme Court's overruling of the pre-existing per se illegality of resale price maintenance and the recommendation of a rule of reason approach in the Leegin decision (2007), raise the question whether other jurisdictions should follow this approach and what future assessments of resale...

The US Supreme Court's overruling of the pre-existing per se illegality of resale price maintenance and the recommendation of a rule of reason approach in the Leegin decision (2007), raise the question whether other jurisdictions should follow this approach and what future assessments of resale...

The election of the new democratic administration in the United States in November 2008 was overwhelmingly greeted in Europe as an opportunity to reinforce transatlantic cooperation and convergence in competition law and policy. This study evaluates the plausibility of greater convergence...

For several years, an increasing number of commentators have been expressing concern that the U.S. has a growing market power problem. Further that dysfunction in the U.S. antitrust institutions, and their failure to protect competition, has damaged the economy. These concerns have led to...

Critics from both the right and the left claim that modern antitrust doctrine, rooted in consumer welfare, is inadequate to handle the challenges of the twenty-first century economy. They express nostalgia for 1960s antitrust, when the field had no clear objectives and cases were decided on...

This paper looks at how EU and U.S. competition laws deal with restrictions of online sales in distribution agreements, respectively. The growing importance of online commerce highlights how vertical competition law enforcement is still an important building block of competition law policies,...

Periods of profound innovation and technological change invariably result in short run winners and losers. The rise of big box retailers like Wal-Mart, as well as the existence of large supermarket chains, has led competition authorities to focus anew on the issue of buyer power. Antitrust...