The antitrust laws are increasingly used to prosecute alleged acts of market manipulation, particularly against firms in the banking and energy industries. Both industries are now regulated subject to fraud-based market manipulation rules, but antitrust remains a vehicle on which private claims...

The goals of antitrust law were the subject of debate in the United States during the 2016 election campaign and thereafter. While consumer welfare and efficiency have become the lodestars of antitrust enforcement, other goals such as fostering jobs, combating inequality, limiting foreign...

The Court of Justice of the European Union recently handed down a decision on a novel question which, when combined with other developments relating to reforms of antitrust damages claims, could have serious consequences for the future of antitrust damages claims in Ireland and the European...

This paper analyses the legal measures adopted to implement Directive 2014/104/EU into Spanish law. After briefly looking at the context of private enforcement of competition law in Spain, it examines the process followed for the transposition and the issues discussed before the adoption of the...

This paper examines the unique vulnerability of small, atomistic sellers – including small businesses, farmers, ranchers, fishermen, professionals, and athletes – to buyer power abuses. Because of sunk costs in carrying out a chosen business or profession, atomistic sellers are likely to be...

The general idea of treating monopoly and monopsony similarly under the antitrust laws is supported by economic theory but is somewhat more complicated when one attempts to apply existing legal standards. The focus here is on some of the stickier issues that arise when antitrust is applied to...

The latest frontier of the essential facility doctrine under EU competition law is the use of antitrust rules to impose on dominant firms a duty to invest in infrastructure development. While a genuine lack of capacity has traditionally been considered an objective justification for a refusal to...

Collective rights organizations (CROs) are patent pools, copyright collectives and cross-licensing arrangements that coordinate the licensing of intellectual property rights. CROs can have efficiency benefits by reducing transaction costs, eliminating royalty stacking and resolving conflicting...

The global financial crisis has drastically altered the market for corporate acquisitions. With many potential buyers unable to secure funding, potential sellers now have significantly fewer options than in the past. Others have observed that merger agreements have therefore shifted from...