The correct welfare assessment of vertical agreements in competition law is a difficult craft. The more mature jurisdictions such as the EU and the US have struggled to develop the optimal framework. This paper scrutinises the vertical agreements cases of the Competition Commission of India...

In competition law, the problem of the optimal design of institutional and procedural rules concerns assessment processes of the pro- and anticompetitiveness of business behaviors. This is well recognized in the discussion about the relative merits of different assessment principles such as the...

We estimate the deterrence effects of European Commission (EC) merger policy instruments over the 1990-2009 period. Our empirical results suggest that phase-1 remedies uniquely generate robust deterrence as – unlike phase-1 withdrawals, phase-2 remedies, and preventions – phase-1 remedies...

We model merger control procedures as a process of sequential acquisition of information in which mergers can be cleared after a first phase of investigation. We find that the enforceability of clearance decisions at the end of the first phase is unattractive to the extent that it prevents the...

The enforcement of antitrust laws in Spain has mainly been a task for public authorities. Sanctions for antitrust infringements can only be pecuniary, as prison or other criminal penalties are not used as a punishment device. Public enforcement of antitrust laws has, therefore, taken the form of...

In a recent working paper, Damien Geradin & Caio Marioda Silva Pereira Neto argue that the Brazilian competition system would greatly benefit from the adoption of guidelines like the European Commission Guidance Paper, which offers a legal and economic methodology to implement an...

This paper analyses the state of private enforcement of EU competition law in Germany after the implementation of the Competition Damages Directive 2014/104/EU. The Damages Directive provides full harmonisation, but only of select issues. In view of this fragmented legal framework, the “law in...

This paper deals with the fundamental procedural rights of companies that are targeted in the enforcement of Articles 101 and 102 TFEU by the European Commission or the competition authorities of the EU Member States. The paper first provides a (non-exhaustive) list of such rights as applicable...

The paper discusses the Court of Justice preliminary ruling in Vantaan v Skanska Industrial Solutions (C-724/17). The judgment of the European Court of Justice picks up upon three major questions, which are of the highest importance for the private enforcement of competition law in Europe: 1....