According to the essential facilities doctrine, competition law requires an infrastructural monopoly to provide access. Under the "Bronner criterion", proposed by the EC Court, the doctrine is only applicable when an infrastructural duopoly is non-viable. This paper uses a simple model to...

This paper finds that a regulation that promotes competition in one market may decrease competition in other related markets. Policy makers in the telecommunication industry currently are facing an important decision about whether to continue unbundling regulations on new optical-fiber lines. I...

This paper studies that a regulation that promotes competition in one market may decrease competition in other related markets. I nd that unbundling regulation prevents new providers from building fiber-optic network constructions in Japan from 2005 to 2009. In particular, when a new technology...

Competition authorities have several tools at their disposal in crafting a competition policy. Most prominent are litigation and merger review. A less-recognized but often effective tool, however, is "competition advocacy." Broadly, competition advocacy is using persuasion, rather than coercion,...

The application of antitrust law to State actors is a controversial issue in competition laws worldwide. The resolution commented in this paper analyzes an specific case regarding the sourcing of pharmaceuticals and other medical products by health regional authorities in Castilla-La Mancha. In...

Utilities regulation in the Member States is always subject to the application of EC competition law. However, this undermines the effectiveness of utilities regulation and the European Courts should deploy a more flexible standard than that which has been confirmed by the Court of First...

The US competition agencies – the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) – often share jurisdiction with sectoral regulators also charged with fostering competition, such as the Federal Communications Commission (FCC). This article...

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...

The beginning of a shift toward a more regulatory and less litigation-oriented regime of antitrust enforcement was observable by the mid-1990s, if not earlier. The transition toward this more bureaucratic approach by antitrust enforcement agencies is the subject of our analysis. Consent decrees...

The main contents of this paper were presented at the 17th ASCOLA Annual Conference held in Porto, Portugal from June 30 to July 2, 2022. Slides are available at https://bit.ly/3JKdgUPDespite recent changes in legislative trends and enforcement practices to favor more regulatory and...