In 2008, the European Commission investigated E.ON, a large and vertically integrated electricity company, for the alleged abuse of a joint dominant position by strategically withholding generation capacity. The case was settled after E.ON agreed to divest 5,000 MW generation capacity as well as...

This comment examines trends in anti-cartel enforcement by the Antitrust Division of the U.S. Department of Justice (the Division) and coordinated actions by other U.S. Government agencies, with particular attention paid to developments in 2017 and 2018. By long-standing DOJ policy, criminal...

There is a data paradox in competition enforcement. Data is an infinitely scalable, widely available, non-rivalrous and non-exclusive asset. The European Commission's merger decisional practice suggests that these features make data a kind of asset unlikely to be conducive to competition issues....

Following the decisions of the European Court of Justice in the Courage and Manfredi cases, victims of antitrust practices may seek redress before their national civil courts against the infringing businesses. In Spain, an empirical study on private enforcement of competition law collecting the...

A wide range of recent antitrust enforcement actions in the pharmaceutical sector have taken place in China over the past months. All three Chinese antitrust authorities have been involved, and all types of anti-competitive conduct have been targeted. The multiple enforcement actions by a number...

Antitrust enforcement regimes rely on two types of penalties for deterrence: penalties against the violating firm and penalties against the agents of the violating firm. In this paper I examine the economics of punishing agents versus firms. My area of application is antitrust, but the argument...

This paper deals with the optimal enforcement of competition law between merger and anti-cartel policies. We examine the interaction between these two branches of antitrust, given the budget constraint of the public agency, and taking into account the ensuing incentives for firms in terms of...

This is a draft chapter from the American Antitrust Institute's 2017 recommendations to the 45th President of the United States. It contains a brief but well-deserved defense of the benefits of private antitrust enforcement and a critique of the claims that private enforcement in the United...

In Part I of this article, we discuss the importance of the development of economic analysis in US and European competition law to better explain how the choice of economic welfare standard has become the fundamental question of which goal to choose for competition law. This discussion sets up...

The article analyzes institutional and procedural aspects of the cooperation between federal and state antitrust enforcement in a comparative perspective. There are two goals: to offer a global overview of the topic in order to better navigate multi-jurisdictional antitrust investigations, and...