This paper demonstrates that the concepts of harm and damages as they are used in tort law pose some serious conceptual problems in the area of antitrust law. Consequently, there are some limits to the private enforcement of antitrust law via damages actions that have to be taken into account...

There is a large amount of legal and economic literature on the fining policy of the European Commission for breaches of EU competition law. This paper takes a quantitative approach as it analyses the factors that have been considered by the Commission in establishing the level of the fine...

According to well-established case-law of the European Court of Justice, in the European Union, parent companies can be fined for antitrust infringements by their subsidiaries. Furthermore, under a new EU Directive, signed into law on 26 November 2014, parent company liability is likely to be...

Undertakings may restrict competition by cooperating with their competitors or by interfering with their ability to compete. In both cases, their ultimate goal is to raise the price they charge for their products or services. Therefore, the main concern about both collusive and exclusionary...

Both anti-corruption law and anti-trust law aim to create a level playing field and they are complementary to each other in support of this aim. Given the indispensable nature of both fields in terms of reaching social welfare, it is striking how differently society reacts to the breaching...

Competition law accommodates two different contexts within which economics may be applied, each defined by a distinct type of cause-effect relationships. First, there are effects of competition law on business conduct (deterrence effects), embodying the fact that businesses take into account...

Distribution cartels in the automotive sector used to be frequently dismantled and sanctioned by the European Commission and the EU Courts still some 15 years ago. In recent years, however, only a few cases have been reported at the national level of EU Member States. Is it because the...

Traditional deterrence theory relies on a combination of probability and severity of punishment to impose a perception of sufficiently high costs to deter wrongdoing. Yet when a very high severity of punishment counters a low probability, disproportionate outcomes give rise to societal concerns...

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,...