The standard of proof required in merger cases has become the centre of considerable controversies and confusion following the Australian Federal Court's decision in Metcash. This paper reviews the use of counterfactuals and the inherent contradictions in adopting the real chance standard of...

Based on an analysis of cartel prosecutions since 2007, this article assesses the way the European Commission has built up its fines in practice. The fines are compared with those imposed by the European Commission over the period from 1999 to 2006. The main findings are that, while fines have...

A dreary debate has occupied the antitrust community over the past 30 years. The debate is a more elegant, scholarly version of the commercials for Miller Lite beer that ran during much of the same period. In the beer commercials, one group of modestly recognizable celebrities and personalities...

By means of tight and experienced review of mergers and adequately improved antitrust agency supervision, monopolization or abuse of dominance cases have diminished progressively both in US and EU. The focus now is on cartels and inefficient oligopolies. Cartels are not problematic as they...

In this essay we evaluate the impact of the revolution that has occurred in antitrust and in particular the growing role played by economic analysis. Section II describes exactly what we think that revolution was. There were actually two revolutions. The first was the use by economists and other...

Very few industries are as profoundly influenced by regulation as the pharmaceutical industry. All aspects of the life-cycle of new drugs are regulated, from patent application, to marketing approval, commercial exploitation, patent expiration and competition with generics. The nature of demand...

We investigate the situation where a customer experiencing an inventory stockout at a retailer potentially leaves the firm's market. In classical inventory theory, a unit stockout penalty cost has been used as a surrogate to mimic the economic effect of such a departure; in this study, we...

The certifications of the first two opt-out collective (class) actions - Gibson v. Pride Mobility Scooter and Merricks v MasterCard - were dismissed by the Competition Appeal Tribunal (CAT) under the new UK competition law ‘class action' regime. Here a critical assessment of the CAT's two...

The English courts in Sainsbury's v. MasterCard and Morrisons v. MasterCard came to opposite conclusions on the illegality of MasterCard's multilateral interchange fees (MIFs). While both courts posited bilateral counterfactuals, the Competition Appeal Tribunal (CAT) in Sainsbury's held that...