In 2015, the Institute of Electrical and Electronics Engineers (IEEE) Standardization Association made some controversial changes to its patent policy. The changes include a recommended method of calculation of FRAND royalty rates, and a request to members holding a standard essential patent...

Within the debate on the role of competition law in standard essential patents (SEPs) litigation, German case law has gained centre stage because of the number of decisions handed down and its traditional patent owner-friendly approach. As the framework handed down by the European Court of...

This paper considers the interpretation of the substantive test laid down in Article 2 of Regulation 139/2004. It focuses on horizontal mergers in the so-called ‘gap’ cases, which would not result in the creation or the strengthening of a (single or collective) dominant position. In its...

The paper provides an overview of the enforcement activity of the Spanish competition authority in the digital economy. It explores, in particular, (i) the authority's approach to market definition and the assessment of market power; (ii) the main theories of harm developed in its decisions; and...

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...

• There is not a unique legal test in EU competition law. There is conduct that is prima facie unlawful irrespective of its effects, and conduct that is lawful. In between, some practices are prohibited where actual or likely effects can be shown.• This paper seeks to map the various tests...

China's revised Anti-Monopoly Law (AML) went into effect in August 2022. In November, the Supreme People's Court (SPC) requested comments on its draft provisions for applying the AML in civil disputes. The Global Antitrust Institute's comment discusses the importance of the AML's newly expressed...

This article discusses the proposals to adapt competition law to digital markets. These include substantive innovations such as the reversal of the burden of proof in certain circumstances and other measures, such as restorative remedies. The proposals, which focus on making it easier to...

Deutschland und die gesamte Europäische Union (EU) haben sich sehr ambitionierte Klimaschutzziele gesetzt, die nur mit verstärkten Anstrengungen erreichbar sind. Zur Erreichung dieser Klimaschutzziele müssen alle möglichen Mittel herangezogen werden. Dazu zählt auch das Wettbewerbsrecht mit...