Both in US antitrust and EU competition policy a development to a broader appli-cation of rule of reason instead of per se rules can be observed. In the European discussion the attempt to base competition policy on a more economic approach is mainly viewed as im-proving the economic analysis in...

Der vorliegende Beitrag diskutiert die Schnittstelle zwischen Recht und Ökonomik in der Wettbewerbspolitik. Aus einer ökonomischen Perspektive werden Ansätze zu einer institutionenökonomischen Analyse der Kartellrechtsdurchsetzung betrachtet. Im Rahmen einer positiven Institutionenökonomik...

Recidivism has in the last few years attracted much attention and controversy in the context of EU antitrust enforcement. The treatment of recidivism by the European Commission and the EU Courts has often been criticized, and the observed incidence of recidivism has led to some questioning of...

This paper discusses discretion and prioritisation in public antitrust enforcement, in particular in the enforcement of EU antitrust law. First, the paper defines the notion of discretion and discusses the rationale of discretion. Second, it examines the enforcement of Articles 101 and 102 TFEU...

The EC antitrust prohibitions are regularly invoked in private litigation as a shield. Private parties also play an important role in public antitrust enforcement through complaints to the competition authorities. However, in marked contrast with the situation in the US, private actions for...

This paper concerns the relationship between public antitrust enforcement and private actions for damages, focusing in particular on the enforcement of Articles 81 and 82 EC. In the first half of the paper, I examine the respective roles of public antitrust enforcement and private actions for...

The National Collegiate Athletic Association (“NCAA”) oversees nearly every aspect of the $11 billion college sports industry. Its powers include scheduling championship events, determining eligibility rules, entering into commercial contracts, and punishing members that refuse to follow its...

In November 2011 Sweden abolished the uniform national electricity price and introduced separate price zones. This was the result of an antitrust settlement between the Commission and the Swedish network operator, which was accused of discriminating between domestic and export electricity...

This study concerns the way agreements between a dominant supplier and its customers that restrict the ability of those customers to buy from the dominant firm’s rivals, including exclusive dealing, conditional rebates and tying and bundling (hereafter, “vertical restraints”) have been...

Severe limitations on antitrust enforcement officials’ knowledge and the potential impact of ill-advised investigations and prosecutions on markets suggest that officials should exercise extraordinary caution in enforcement of restraints on single-firm conduct. Although it is common to depict...