Most technical standards-development organizations (SDOs) have adopted internal policies embodying “due process” criteria such as openness, balance of interests, consensus decision making and appeals. These requirements arise from numerous sources including antitrust law, international trade...

In December 2020, the European Commission proposed an ambitious new set of rules, the Digital Markets Act (“DMA”), which could be applicable in 2023 and whose rationale leans heavily on innovation. In many places throughout the proposed DMA recitals, the Explanatory Memorandum included...

The paper analyses the recent European Commission Proposal for a Digital Markets Act which will regulate the digital gatekeepers in order to increase market contestability and fairness in the European digital economy. First, the paper summarizes the main elements of the Commission proposal:...

In this paper we compare the concepts of monopolization and abuse of dominance as in §2 of the Sherman Act and Article 102 of the TFEU, respectively. After identifying a number of distinctive features in wording and interpretation – including the special responsibility of the dominant firm,...

This paper is the first of a larger project aimed at exploring, among other things, whether Europe has a consistent innovation policy in the context of EU economic law (competition policy, intellectual property law, sector regulation). As such, its primary aim is to present our approach for...

This paper puts forward an alternative path, next to regulatory competition models and comparative law endeavors, called legal emulation. Regulatory competition suffers from its very restrictive assumptions, which make it a relatively rare occurrence in practice. It is also endogenously driven,...