Whereas the EU's internal market rules govern market access and public intervention, its competition rules are concerned with the market conduct of private parties. When do the competition rules apply to healthcare? In principle the scope for application of the competition rules to the...

A recent investigation of the EU's pharmaceutical market carried out by the European Commission has been shedding new light on the question of abuse of a dominant position pursuant to Article 102 TFEU by holding, acquisition or exploitation of IP rights. This so-called 'sector inquiry'...

Capitalism, some declare, is in crisis. One concern, which the Occupy Wall Street protesters and many Americans share, is how a relatively small group of corporate and wealthy individuals now wields too much economic influence and control in the United States and the world. The prevailing belief...

The conventional legal analysis of technical standard setting derives primarily from antitrust law. But antitrust remedies, taken alone, may not be broad enough to address recent abuses of the standardization process. The principal example of this shortcoming is the well-known case of Rambus,...

Drawing both from earlier policy discussions and more recent empirical findings, this paper explores the functioning of the European Competition Network. It is structured in two parts: (i) part one aims first to identify the various driving forces that have prompted the switch towards a network...

In the past couple of decades, many scholars have debated the worthiness of the limited monopoly that patent law provides. The widespread attitude has always been, since the progress of the technological era, that in order to stimulate inventors and possessors of knowledge to embody their...

The rule of reason is the standard for testing whether a restraint of trade violates the Sherman Act. The thesis of this article is that the only issue under the rule of reason is the impact of a restraint on the competitive process; the Sherman Act does not employ a welfare standard. This...

This paper addresses some fundamental issues surrounding Pakistan's contemporary competition law regime put in place by the enactment of the Competition Act, 2010. The paper comprises three parts and a conclusion. The first describes the globalization of competition laws - as has been the case...

In August 2011, the United States brought a landmark antitrust lawsuit to prevent the merger of two of the nation's four largest mobile wireless telecommunications services providers, AT&T Inc. and T‑Mobile USA, Inc. But why are so many elected officials asking the Obama administration to...

The European Commission has launched a number of antitrust investigations against the major energy incumbents in the aftermath of the energy sector inquiry. Most of them have already been settled under Article 9 of the EC Regulation 1/2003 and the undertakings offered far-reaching, sometimes...