The election of the new democratic administration in the United States in November 2008 was overwhelmingly greeted in Europe as an opportunity to reinforce transatlantic cooperation and convergence in competition law and policy. This study evaluates the plausibility of greater convergence...

This Article discusses deception and its potential anticompetitive effects. Since deception lacks any redeeming ethical, moral, or economic justifications, and trust in the marketplace is paramount, multiple laws seek to deter and punish deception. Although the federal antitrust laws seek to...

This chapter examines the extent to which cartel activity is morally wrongful and the resultant implications for cartel law more generally. It argues that while the focus of morality lies mainly in the question of whether cartel behaviour should be treated as crime, it is actually important to...

Part of a larger textbook on business law and economics, this Chapter surveys how economic analysis has been applied to competition, or antitrust, law, in the main jurisdictions on both sides of the Atlantic. The first part chronicles the successive schools of thought in the US and the EU, with...

In order to avoid false positives in competition law, the courts in South Africa have developed the characterisation doctrine when dealing with horizontal practices. This doctrine has been widely applied in the United States of America for a number of years. The South African courts have...

The failure to fully internalize externalities from production and consumption, including on future generations, is supposed to be the core of the perceived failure to ensure ecological sustainability within the realm of antitrust enforcement. As policymakers put increasing pressure on...

In this foreword, we draw on certain aspects of CCI’s enforcement in digital markets in order to identify some noteworthy trends, provide a comparison with global jurisprudence and ascertain areas of concern for the future. It is not possible to do justice to the array of competition issues...

This article supplements information on 24 U.S. domestic buyers’ cartels cited in a 2010 book by Blair and Harrison by assembling and analyzing a sample of 49 episodes of buyers’ cartels that have international membership or multi-jurisdictional price effects. It appears that such cartels...

Ten Thousand Commandments 2021 surveys the size, scope, and cost of federal regulation and intervention and effects on consumers, businesses, and the U.S. economy at large and otherwise attempts to shine a light on the under-appreciated “hidden tax” of America’s regulatory state. The new...

This paper provides a full characterization of the price effects of horizontal mergers in the Cournot model with heterogeneous firms and constant returns to scale. We show that the price change brought about by a merger only depends on the smaller merging firm's share and the number of firms,...