This work underlines some of the main issues that Member States face in attempting to reconcile national tort law systems with EU goals in competition law. As a matter of fact, the very notion of private enforcement tends to achieve two different purposes: on the one hand, corrective justice...

Since the 1970’s, there has been a progression toward market processes in nations once committed to comprehensive central economic planning. Multinational donors and individual Western countries have expended substantial resources to advise these nations about legal reforms designed to promote...

The objectives of this paper are to: (i) describe the fining policy of the European Commission for breach of EU competition rules; (ii) assess this policy in light of the criticisms that have been made by academics, practitioners and other stakeholders; and (iii) to the extent these criticisms...

In 2006, Russia amended its competition law and added the concepts of “collective dominance” and its abuse. This was seen as an attempt to address the common problem of “conscious parallelism” among firms in concentrated industries. Critics feared that the enforcement of this provision...

For over a decade, the substantive rules of European competition law have been subject to a reinterpretation commonly referred to as the ‘more economic approach’. This article considers one of the procedural consequences resulting from this fundamental change: Since the EU courts...

This timely book, with contributions from prominent experts including Luis Ortiz Blanco, Valentine Korah, Ernst-Joachim Mestmäcker, Catherine Prieto, Lorenzo F. Pace and Richard Whish and edited by Lorenzo F. Pace, examines the novel aspects of the 2009 Guidance on Article 102. They present a...

Antitrust guidelines of the major jurisdictions, to a greater or lesser degree of detail, comment on the likelihood of entry, various factors and barriers that determine entry conditions, and the assessment of actual and potential competition. I note that the treatment of potential competition,...

The article discusses the legal basis for structural remedies under European Competition Law in light of the mainly German criticism of recent commitment decisions in the energy sector and in particular the E.ON decisions of DG Competition. In particular the article discusses what “bringing an...

This article presents the main difficulties surrounding private enforcement of antitrust law in Poland, currently the key implementation problem in the field of antitrust law. Whereas the basic standards concerning the public pillar of antitrust enforcement have already been established, either...

Harold Demsetz once claimed that 'economics has no antitrust relevant theory of competition.' Demsetz offered this provocative statement as an introduction to an economic concept with critical implications for the antitrust enterprise: the multi-dimensional nature of competition. Competition...