This essay criticizes the Federal Trade Commission's defense of its use Section 5 of the FTC Act in the Intel case. The FTC's (and particularly Chairman Leibowitz') claims that the error cost concerns that figure prominently in recent Supreme Court Sherman Act cases ought not to apply, and are...

The Antitrust Marathon is a long-running series of roundtable discussions sponsored by the Institute for Consumer Antitrust Studies of Loyola University Chicago School of Law and the Competition Law Forum of the British Institute of International and Comparative Law, focusing on enduring issues...

An important action that is illegal according to competition law, both in the US and Europe, is predatory pricing. In this paper we develop a model that allows an entrant to sue an incumbent for predatory pricing. The cost of production is essential for judgments in such cases, and we allow the...

This piece critically analyses extraterritorial application of competition law by the European Union. The EU is a key global player in competition law and policy. Its competition law is actively and assertively applied to foreign activities of foreign entities affecting EU market. In the recent...

The use of soft law instruments is pervasive in the field of EU competition policy. This poses significant legal challenges derived from the progressive ‘hardening’ of these regulatory tools by the European Courts as a result of the application of the general principles of EU law. The...

When the European Commission proposed Directive 2014/104/EU (the Directive), two explicit aims were to optimise the interaction of public and private enforcement as well as ensuring that those who have suffered damages as a result of competition law infringements can receive full compensation....

Private enforcement of competition law in Germany and the Netherlands is booming. A surge in cartel damages actions has led to a flurry of judicial activity, while claim vehicles and claim funders continue to bring and fund new cases. At the same time, both jurisdictions also face significant...

This is a time of passionate debate on the fundamental goals of competition law. Should there be a single overarching goal for all of competition law and policy? Should that goal be framed in purely economic terms? Should antitrust focus on protecting the competitive process, preventing unfair...

This article discusses how Intel Corp Inc v European Commission (T-286/09 RENV) (GC), Iiyama (UK) Ltd v Samsung Electronics Co Ltd (CA) and the Air Cargo litigation extended EU competition law's territorial application in areas including private damages and the jurisdictional reach of the...

This paper argues that empirical economic analysis in court proceedings is subject to important economic and legal restrictions, culminating in a fundamental trade-off between accuracy and practicality. We draw lessons from two influential German court cases - the paper wholesaler cartel...