The last couple of years have seen an increasing interest in critical loss analysis, both, in academia and in practice. This development is documented by various research papers, high-level exchanges between antitrust experts as well as an increasing number of case decisions which make use of...

The antitrust duty to deal is perhaps the most confounding and controversial form of antitrust intervention. It is sought by plaintiffs in situations where a monopolist controls a critical input (or “essential facility”) and unilaterally refuses to sell access to rivals. Courts have...

This paper gives a fresh account of competition in the digital economy. Economic analysis in the field of industrial organization remains largely focused on a sophisticated version of the Schumpeter-Arrow debate, which is unresolved and largely irrelevant. We posit the need to look at...

Despite the rationale and the legal basis of the Digital Markets Act (DMA), the European legal framework risks to become more fragmented in the post-DMA scenario because of overlaps with competition law. The paper provides an analytical overview of the hypotheses in which the dual application of...

Tech giants are commonly referred to as ‘platforms’ in our everyday language and academic circles. Some refer to ‘the platform economy’, or the ‘platformization of the Web’. But our legal language requires more nuance as putting all these companies in the same basket has significant...

The State Action Doctrine exempts anti-competitive conduct from the United States antitrust laws, under certain conditions. This paper discusses the exemption, particularly its limits, from the perspective of its historical and Constitutional background. It demonstrates that this doctrine does...

The last couple of years have seen an increasing interest in critical loss analysis, both, in academia and in practice. This development is documented by various research papers, high-level exchanges between antitrust experts as well as an increasing number of case decisions – in the United...

The commented book offers a solid and convincing critique about the origins and evolution of competition policy in Latin America, which probably could be extended elsewhere. Some of the assumptions on which the competition authorities act are unsound and farfetched, this causes notable...