This paper analyzes the effectiveness of the European Commission’s implementation of the European Union’s (EU) competition policies as an opposing mechanism towards the tax avoidance schemes of Multinational Corporations (MNCs). The analysis focuses on the Commission’s efforts to curb the...

The COVID-19 pandemic could cause Congress to strengthen our merger laws. The authors of this short article strongly urge Congress to do this, but to do this in a manner that ignores 5 myths that underpin current merger policy: Myth 1: Mergers Eliminate Wasteful Redundancies and Produce More...

Ever since the adoption of the Digital Single Market Strategy in 2015, and in response to the Commission’s findings in its E-commerce Sector Inquiry of 2015, the concerns about the restrictions on online trade that persist in the digital market have increased. Above all, geo-blocking practices...

This Article provides a guide for liability of directors and officers (“D&O”) for antitrust violations. Where violations of law appear profitable, a misalignment of compensation schemes and formal compliance policies may preserve incentives to engage in misconduct. In such situations, the...

The paper explores the evolving relationship between European Competition law and the exercise of patent rights looking in particular at “soft law” instruments that are designed to affect the behavior of market players, that attempt to set out a new “balance” between patent holders and...

In policy circles of Washington, DC, in academia, and among advocates and lobbyists, there has been growing attention to the role of antitrust enforcement versus regulation in today’s economy. Various populist arguments seek an expanded role for antitrust law, as proponents seek to control the...

: The Economics -- An Analysis of the Government’s Economic Case in U.S. v. Microsoft Corp -- Why Does Microsoft Charge So Little for Windows? -- U.S. v. Microsoft Corp.: Remedy or Malady? -- DOS Kapital: Has Antitrust Action Against Microsoft Created Value in the Computer Industry? -- The...