This chapter discusses the significance of corporate compliance programmes as a competition enforcement tool. Current enforcement challenges in the fight against collusive practices that are, a low probability of detection and under-deterrence of corporate fines, raise the need to move away from...

We examine the merits of competition cases brought against Google with respect to alleged search bias. The four key steps in a structured investigation into an alleged abuse of dominance/monopolization/unfair method of competition are:1) characterization of the conduct, 2) market definition, 3)...

On 9 June 2017, the 9th Amendment to the German Competition Act (Gesetz gegen Wettbewerbsbeschränkungen) entered into force. It transposes the EU Directive on Antitrust Damages Actions into German law. Yet, the German legislator also took the opportunity to implement some additional changes....

A bundled discount occurs when a seller charges less for a bundle of goods than for its components when sold separately. A characteristic of such discounting is that a rival who makes only one of the products in the bundle may have to give a larger per item discount in order to compensate the...

Consumers suffer from high drug prices, which stem in large part from pharmaceutical companies’ anticompetitive games. This essay discusses the crucial role antitrust enforcement agencies can play in addressing pay-for-delay settlements and product hopping and draws lessons from this...

The antitrust duty to deal is perhaps the most confounding and controversial form of antitrust intervention. It is sought by plaintiffs in situations where a monopolist controls a critical input (or “essential facility”) and unilaterally refuses to sell access to rivals. Courts have...

A fallacy lies at the core of modern antitrust. The ascendance of the consumer welfare standard is a story often told. Yet existing narratives overlook the pivotal role that output has played--and continues to play--in shaping the contemporary antitrust enterprise. That role has gone unnoticed...

Shortly after the inauguration of Donald J. Trump as President in 2017, we wrote an article entitled “America-First Antitrust.” In the article we speculated on what the signature theme of Donald Trump’s campaign might mean for antitrust enforcement in the coming administration. We feared...