This paper examines the claim that dynamic considerations play a particularly important role in certain industries (in particular, those characterized by high rates of product innovation) and, consequently, render antitrust analysis based on static concepts inappropriate or misleading. By...

We examine the consumer-welfare implications of Google’s project to scan a large proportion of the world’s books into digital form and to make these works accessible to consumers through Google Book Search (GBS). In response to a class action alleging copyright infringement, Google has...

Following various proposals in the academic literature, and in the light of the observed decrease in the number of leniency applications received by European competition authorities in the period 2015 – 2020, the German Monopolies Commission (Monopolkommission) proposed in 2022 to amend the...

There has been an explosion in the past 10-15 years of bilateral and regional free trade agreements in Latin America (together "preferential free trade agreements" or PTAs). The purpose of PTAs is to increase trade, regulatory and investment liberalization. As trade liberalization requires more...

Whether self-preferencing is inherently anticompetitive has emerged as perhaps the core question in competition policy for digital markets. Large online platforms who act as gatekeepers of their ecosystems and engage in dual-mode intermediation have been accused of taking advantage of these...

Recent adoption of competition laws across the globe has highlighted the importance of institutional considerations for antitrust effectiveness and the need for comparative institutional analyses of antitrust that extend beyond matters of substantive law. Contributing to the resulting nascent...

This paper provides a positive analysis of the evolution of competence allocation within the EU Competition Policy System. In the EU, competition policy competences are ascribed both to the European level and to each Member State. In regard to securing a sound antitrust system, the allocation...