In Illinois Tool Works and Trident v. Independent Ink, the Supreme Court overturned its longstanding per se rule against tied sales by a firm with a patent. Henceforth, market power will have to be demonstrated, whether or not the firm has a patent. Upon such demonstration, a tied sales contract...

“Free” products have exploded in popularity along with widespread Internet adoption—but many of them are not truly free. Customers often trade their attention or personal information to access zero-price products. This exchange dynamic brings zero-price markets within the scope of...

Modern antitrust engenders a possible conflict between public and private enforcement due to the central role of Leniency Programs. Damage actions may reduce the attractiveness of Leniency Programs for cartel participants if their cooperation with the competition authority increases the chance...

When small liberal arts colleges, particularly those in the Northeastern United States, abolish fraternities and sororities, they may be violating the antitrust laws. Additionally, by removing what may be the only viable competitor for room and board services for students in the small towns that...

The recent Court of Appeal case of BT v Le Patourel (BT Group Plc v Patourel [2022] EWCA Civ 593 (06 May 2022)) has clarified the law, decisively confirming the Competition Appeal Tribunal CAT’s full reasonable discretion to choose between Opt-In v Opt-Out regimes, and specifically to be able...

In a referendum on 23rd June 2016, the United Kingdom (UK) voted for ‘Brexit’, i.e., to leave the European Union (EU). After some delay the government will invoke Article 50 TEU, which would begin a two-year period of negotiation for a withdrawal agreement, after which the EU treaties would...

Mobile telecommunications has been a considerable success with consumers, yet markets are oligopolies designed by governments and by industry, with many flaws, including limited ability to regulate prices, quality of service and coverage. Markets have been partially opened to competition, with...

If for many the perception that global competition is intensifying reinforces the maxim that business is war, it stands to reason that the acquisition of actionable CI should become a growth industry. Indeed, nearly every Fortune 500 firm and more than one hundred foreign governments have...

We explain why competing firms form collective entities to buy patents from other entities, particularly from non-producing entities (NPEs), and follow a catch and release patent strategy. We show why competitors bidding as a single unit is better than competitors bidding against each other and...

Triggered by the concentration process in the electricity and gas markets, the land of Hesse proposes to give the German cartel office power to divest dominant firms or oligopolies if this is necessary to restore competition. The paper shows that the reform would be in line with constitutional...