Competition is a basic mechanism of the market economy involving supply and demand. The legislative framework of the European competition policy is provided by the Treaty on the Functioning of the European Union (TFEU)(Articles 101–109). Without an effective EU competition policy, the Single...

I present the following proposal: information revealed during non-cartel investigations by competition law enforcement authorities, such as evaluation of M&As or investigation of monopolization (dominance) conduct, should be directly used to investigate and prosecute cartels. Currently, in...

I present the following proposal: information revealed during non-cartel investigations by competition law enforcement authorities, such as evaluation of M&As or investigation of monopolization (dominance) conduct, should be directly used to investigate and prosecute cartels. Currently, in...

What lessons can we learn from the financial crisis concerning the issues of systemic risk, firms too big to fail, and the income inequality in the United States today?In light of the public anger over the financial crisis and bailouts to firms deemed too big to fail, this Essay first addresses...

In this paper, we will analyse further the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access...

Innovations typically rely on multiple inventions which, in turn, frequently are subject to multiple patents or patent applications. In such cases, fragmentation of patent ownership introduces obstacles that may significantly hinder innovation. Patent pools constitute one potential mechanism to...

The potential complementarities between antitrust and consumer protection law — collectively, “consumer law”— are well known. The rise of the newly established Consumer Financial Protection Bureau (CFPB) portends a deep rift in the intellectual infrastructure of consumer law that...

This article determines the overall purpose of the Antitrust statutes in two very different ways. First, it performs a traditional analysis of the legislative history of the Antitrust laws by analyzing relevant legislative debates and committee reports. Second, it undertakes a textualist or...

Judge Robert Bork was undeniably one of the towering figures in antitrust history. He advanced the field positively in many respects, articulating a serious critique of excesses of an earlier social-political approach to antitrust. But as one of the conservative movement's intellectual...

The conventional legal analysis of technical standard setting derives primarily from antitrust law. But antitrust remedies, taken alone, may not be broad enough to address recent abuses of the standardization process. The principal example of this shortcoming is the well-known case of Rambus,...