There is considerable debate about the role private litigation should play in the enforcement of antitrust law. This article focuses on one of the most controversial private enforcement mechanisms – damages actions – and assesses whether and how much such actions have contributed to...

The present paper analyzes the interaction between the economic review of the probition of abuses of a dominant position (Article 82 EC) on the one hand and the efforts to enhance private enforcement of competition law through private damage claims on the other hand. The paper argues that...

The article brings out the ambivalent role played by leniency and settlement policies in today's cartel enforcement. Both occupy a prime position in the prosecution of cartels, whilst nevertheless having the potential, if not carefully managed, to undermine deterrence. The article first...

This paper analyses the legal measures adopted to implement Directive 2014/104/EU into Spanish law. After briefly looking at the context of private enforcement of competition law in Spain, it examines the process followed for the transposition and the issues discussed before the adoption of the...

In 2017, Professor Alexandra Lahav of the University of Connecticut School of Law published an impressive book entitled In Praise of Litigation. She argues that private civil litigation in the United States is an important tool for democracy. In the preface and introduction, she explains how...

Extraterritorial application of domestic competition law is an important feature of the current regulatory framework governing anticompetitive conduct. Japan was initially hesitant to apply its Anti-Monopoly Act in such a manner. However, the last two decades show a significant shift in its...

On Friday, October 5th, 2007 over two dozen antitrust scholars from Europe and North America met at Loyola University Chicago to discuss the comparative state of monopolization law. This meeting, co-sponsored by the Loyola University Chicago Institute for Consumer Antitrust Studies and British...

The late Phillip Areeda's 1990 article Essential Facilities: An Epithet in Need of Limiting Principles has had a profound impact on the development on the essential facilities doctrine in antitrust law. It has become the intellectual basis for the critique and roll back of a doctrine that has...