The primary aim of this contribution is to reflect on the principles underpinning the disclosure of evidence under the Directive 2014/104/EU (hereinafter: the Directive), namely, the principles of proportionality, effectiveness, equivalence and consistency. Its secondary aim is to review the...

The European Commission (EC) and the European Courts have being reaffirming in the Deutsche Telekom and Telefónica cases that guide-prices established by sector regulators upon electronic communications incumbents cannot per se exclude that conducts with anticompetitive foreclosure effects,...

The European Commission has identified a lack of appropriate national rules governing actions for competition-related damages and, even where such rules exist, there appears to be significant divergences among the national laws of the relevant Member States, resulting in an uneven playing field...

This paper examines the effects of European Commission's (EC) new leniency program on the EC's capabilities in detecting and deterring cartels. As a supplementary analysis, the US leniency is studied. I discuss a dynamic model of cartel formation and dissolution to illustrate how changes in...

The First Amendment protects the right of all citizens to petition the government. The Food and Drug Administration (the "FDA") has provided a means by which citizens or interested entities can voice their concerns to the FDA by filing a so-called "citizen petition." However, some brand-name...

Closing the loopholes of downstream application of the Capper-Volstead exemption in the food system and pay-for-delay in pharmaceuticals is an important advance in US and EU antitrust norms. First, pay-for-delay conduct has been harmful for pharmaceuticals customers. After ten years of...

Many antitrust investigations in Russia continue to present a challenge for the assessment of competition policy and international enforcement ratings. On the one hand, many infringement decisions may be interpreted as an indicator of high enforcement efforts in the context of rigid competition...

In this article, first published in 17 Managerial & Decision Econ. 127 (1996), we show how economic theory guides the courts' determinations of which harms from collusive and exclusionary practices constitute antitrust injury

Some legislators, especially on the far Left, have set their sights on making radical changes to federal antitrust law. They seek to weaponize antitrust law, such as by making it much easier for the federal government to wield antitrust power to reshape industries and the entire economy. This is...

In The Hidden Rules of a Modern Antitrust, Ramsi Woodcock argues that courts’ systematic use of the rule of reason, which underpins most of contemporary antitrust law, effectively amounts to an unwarranted blanket exemption from liability for potentially egregious practices. According to...