In its recent report entitled “The Evolving IP Marketplace,” the Federal Trade Commission (FTC) advances a far-reaching regulatory approach (Proposal) whose likely effect would be to distort the operation of the intellectual property (IP) marketplace in ways that will hamper the innovation...

For over three centuries, Anglo-American courts have assessed employee noncompete agreements under a Rule of Reason. Despite longstanding precedent, some now advocate banning all such agreements. These advocates contend that employers use superior bargaining power to impose such “contracts of...

We take for granted that the basic choice in public policy is between allocation of resources by government bureaucracy, on the one hand, or allocation by markets, on the other. But that dichotomy is false, and at least under contemporary circumstances it is more accurate to describe the choice...

The times when competition policy was perceived as an axiomatic, mathematised, highly technical and pretty much non-controversial area of Law & Economics have gone. Over the last decade, competition has become a great theme again. Full of ideological appeals and statements, mindful of their...

In the early 1950s, the drive to find a practical solution to European antagonisms led to the construction of the first Common Market at the European scale, between Belgium, France, Germany, Italy, Luxembourg and the Netherlands. At the heart of the Coal and Steel Community, was the idea that...

This essay critiques the so-called "quick look" approach to rule of reason analysis. Under this approach, courts presume that certain restraints create anticompetitive harm, regardless whether the plaintiff can establish actual harm or its surrogate, market power. Once this presumption arises,...

We review the enforcement of competition policy and the activities of Turkish Competition Authority during 1997-2000. Descriptive statistics are provided on the caseload handled, such as types of anti-competitive behavior investigated, breakdown of investigations by industry, violations found,...

The paper deals with the analysis of the competition policy across the EU27, in order to establish if this policy is able to face the crisis’ challenges. The theoretical approach from the first part of the paper is followed by concrete elements connected to the EU competition policy...

By replicating Articles 85 and 86 of the EC Treaty the Danish Competition Act (put in force January 1998) constituted a shift from the control principle to the prohibition principle. This is an important improvement from the point of view that regulatory legislation should be designed to give...

The purpose of this report is to contribute to the analysis of two questions. Should a merger control system take into account efficiency gains from horizontal mergers, and balance these gains against the anti-competitive effects of mergers? If so, how should a system be designed to account for...