This article examines the meaning and scope of the notion of anticompetitive effects in EU competition law. It does so by bringing together several strands of the case law (and this across all provisions, namely Articles 101 and 102 TFEU and merger control). The analysis is structured around a...

This paper analyses how the endogenous detection of an upstream cartel by a down-stream buyer allows the detecting firm to raise rivals' cost. We model a market with a vertical structure, where a stable all-inclusive cartel is operating in the upstream market which provides an input to a...

There are a variety of legitimate reasons why competitors may need or simply wish to collaborate. Firms may collaborate in order to finance innovation and improve the quality or variety of their existing products, to develop new and superior products, to expand to new markets, or to improve...

In 2013, a federal district court found that Apple had orchestrated a cartel agreement involving it and five major book publishers three years earlier, when Apple opened the iBookstore in conjunction with the introduction of its iPad tablet computer. According to the court, Apple organized...

On 27 June 2017, the European Commission fined Google €2.42 billion for “abusing dominance as search engine by giving illegal advantage to own comparison shopping service.” Allegedly, Google has algorithmically manipulated the search results of products in order to promote its own...

Competition law accommodates two different contexts within which economics may be applied, each defined by a distinct type of cause-effect relationships. First, there are effects of competition law on business conduct (deterrence effects), embodying the fact that businesses take into account...

America's failing antitrust system is, in large part, to blame for today's market power problem. Lax antitrust law and enforcement have allowed troubling trends like corporate consolidation to remain unchallenged, further embedding our skewed economy. In highly consolidated markets, consumers...

Should antitrust law ever sanction the accumulation of market power or permit other restraints of trade if such conduct would increase social welfare? This is the challenge raised by intramarket second-best tradeoffs. In the presence of multiple market failures, it is conceivable that mergers or...

European Community law has played a pivotal role in opening to competition economic sectors previously under the control of public monopolies. As with other sectors such as telecommunications, air transport, electricity, gas, and rail, the postal sector has succumbed to the wave of...

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...