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Despite the adoption of the European Damages Directive and its transposition to national legal systems, a number of obstacles to antitrust damages actions in the EU still persist. Such obstacles stem from both substantial and procedural aspects. Information and data available to plaintiffs and...
Persistent link: https://www.econbiz.de/10013220557
A fallacy lies at the core of modern antitrust. The ascendance of the consumer welfare standard is a story often told. Yet existing narratives overlook the pivotal role that output has played--and continues to play--in shaping the contemporary antitrust enterprise. That role has gone unnoticed...
Persistent link: https://www.econbiz.de/10013221263
This chapter sets out the principles and emerging practice governing cartel damages in the EU and UK. It identifies the types of damages available; the issue surrounding causation, pass-on, volume effects, and mitigation; and the methods that have been be used to estimate overcharges, volume...
Persistent link: https://www.econbiz.de/10013212073
This Article provides a comparative institutional analysis of the three leading approaches to addressing the market power of large digital platforms: (1) traditional antitrust, the approach thus far taken in the United States; (2) ex ante conduct rules, the approach embraced by the European...
Persistent link: https://www.econbiz.de/10013212946
This paper explores value of fairness as a goal of competition law. It contrasts the developments in the US, where non-economic goals are largely discarded by the prevailing antitrust thinking, with those in the EU and China, where the pursuit of fair competition has been explicitly acknowledged...
Persistent link: https://www.econbiz.de/10013246941
A stylized fact that lurks in the background of the recent literature on common ownership is the parallel increase in the profitability of oligopolistic industries and common ownership. Some have argued that the growth in common ownership has caused the increase in oligopoly profits and have...
Persistent link: https://www.econbiz.de/10012831179
Competition Law otherwise known as Anti-trust law can be rightly described as the main driver for building competitiveness, innovation, technological advancement and economic development in a free market economy. An essential and critical part of every market liberalization programme. Like most...
Persistent link: https://www.econbiz.de/10013314161
This paper examines the evolution of national competition (antitrust) policies and enforcement approaches vis-à-vis intellectual property rights (IPRs) and associated anti-competitive practices in major jurisdictions over the past several decades. It focuses especially on the underlying process...
Persistent link: https://www.econbiz.de/10011723874
The importance of economics to the analysis and enforcement of competition policy and law has increased tremendously in the developed market economies in the past forty years. In younger and developing market economies, competition law itself has a history of twenty to twenty-five years at most...
Persistent link: https://www.econbiz.de/10011689074
Competition agency guidelines, policy statements and related advocacy are an important vehicle for policy expression and the guidance of firms across the full spectrum of anti-competitive practices and market conduct. The role of guidelines and policy statements has, arguably, been particularly...
Persistent link: https://www.econbiz.de/10011810287