Private antitrust litigation often involves a dominant firm being accused of exclusionary conduct by a smaller rival. In such cases, the defendant generally has a much larger financial stake in the outcome. We explore the implications of this asymmetry in a model of litigation with endogenous...

This paper reviews the legal and economic structure of the class action litigation model in the United States, as set forth by rule 23 of US civil procedure, exploring the requirements for obtaining class certification and maintaining a class action. I analyze a number of critical issues and...

Antritrust and Coopservice (judgment of 19 December 2018, case C-216/17) is a peculiar product of the Court of Justice. It is one of a kind in aggregate procurement, a subfield of public procurement that has remained virtually untouched by the Court. A number of very helpful and reasonable...

Antritrust and Coopservice (judgment of 19 December 2018, case C-216/17) is a peculiar product of the Court of Justice. It is one of a kind in aggregate procurement, a subfield of public procurement that has remained virtually untouched by the Court. A number of very helpful and reasonable...

This post briefly discusses the decision of the EU General Court on Servier v. Commission (T‑691/14), the second "pay-for-delay" patent settlement case in the EU after the Lundbeck case. The 3 criteria upheld by the Court in order to determine whether the patent settlements at issue...

For more than thirty years, the Tunney Act - which governs the judicial review of antitrust consent decrees proposed by the U.S. Department of Justice Antitrust Division - has been a source of controversy, due largely to the open-ended nature of the statute and the ambiguities inherent in it....

This paper discusses a number of methodological challenges that ex-post evaluation of competition policy faces. We argue that imprecise measurement and simplified analysis not only leads to unreliable results, but also triggers behavioral responses by competition authorities. Because evaluation...

The paper discusses how the mandate of competition agencies is affected by actions taken by populist governments. Poland serves as a case study in this respect. Two principal problems are addressed. The first one is the prioritization of consumer enforcement over competition law enforcement by...

We compare the short-run welfare effects of two types of settlement agreements, quot;reverse paymentsquot; of the brand-name drug makers to generic producers not to enter the market and delayed entry when these payments are restricted both under the entry injunction (imposed by the Hatch-Waxman...