Underlying the recurring debates over the future of Article 82 EC (now Article 102) are competing images of what its goals are and should be. Such debates about the law relating to dominant enterprises are not new, and they are also not likely to end, because the legal concept of "abuse" is...

In several works over the last decade, Wolfgang Fikentscher has reminded us that there are ways of viewing competition law that need not begin and end with economics — its concepts, its language, and its science-based normative stance. Discussions of competition law in the United States and...

In discussions of the regionalization of competition law, the political dimension often leads a shadowy existence. Regionalization tends to be presented with a hint of a halo around it. States are presented as acting for a shared policy objective intended to benefit all, and political issues...

We often fail to see important dimensions of international human rights (HR) protection because we use lenses that do not reveal them. This short article suggests a way of looking at HR protection that I believe has value in many contexts and for many – those who make decisions about human...

Global convergence has been a central theme in competition law for more than two decades. It has provided a way of understanding where competition law is and where it is going. Until very recently, most observers have assumed it would continue to play that role. Brexit, Trump and other...

Chinese competition law has been intensely interwoven with the outside world since its inception. It was created in 2008 in the glare of globalizing markets and spurred by the opportunities Chinese decision makers believed those markets provided. They based the statute on foreign models, and in...

This essay identifies obstacles to the inclusion of a competition law regime in the WTO and suggests changes that are likely to be necessary if competition law is to become an effective part of the WTO. Two obstacles have impeded inclusion of competition law in the WTO's legal regime and are...

The rapid pace of economic globalization and the dramatic turn toward economic competition as the central factor in public policy thinking would seem to augur well for comparative competition law scholarship. Together, they have brought a wave of new antitrust statutes and increased the...

The language of treaties and international organizations shapes most thinking about international law. States and formal institutions play the primary roles in creating, enacting and giving force to these texts. These “products” are the natural focus of attention, because they carry some...

Discussions of the future of competition law on the transnational level often reflect assumptions about the role of economics. Perhaps the most pivotal of these assumptions is that economics can provide a basis for global competition law convergence. It is pivotal, because choices and strategies...