If the only thing one knew about US antitrust law were the decision of the United States Supreme Court, you would have a decidedly unbalanced view of the law. Defendants have won the vast majority of cases in that court since the early 1990s. The tone of the majority opinions of the Court has...

Analysis of minority shareholdings on the basis of all relevant EU Competition Law branches (101 TFEU, 102 TFEU, EUMR) and comparative review of the latter with partial share acquisitions treatment under the U.S. antitrust rules. This paper delivers an opportune presentation of the relation...

For almost a decade, digital peer-to-peer initiatives (eg, Uber, Airbnb) have been disrupting the traditional economy by offering informal, diverse, convenient and affordable services to consumers. However, more recently, the peer-to-peer economy has become increasingly professionalised. Service...

This chapter, prepared for the Oxford Handbook of Intellectual Property Law, surveys the intersection of competition law — or antitrust law, as it is known in the United States — with intellectual property (IP). It examines whether and how IP rights alter the substantive scope of antitrust...

While the issuing of loans to companies is a core functionality of modern banking, the size, or risk, of a request can exceed the limits, or appetite, of a single bank giving ground for syndication where the funding comes from a collegium of lenders. This not only provides better risk...

This article examines the use of arbitration in competition law from Irish perspective, with a focus on the challenges faced by arbitrators operating in a jurisdiction where infringements of the competition rules can carry the weight of the criminal law and potentially lead to custodial sentences

The study focuses on the admissibility and assessment of economic expertise in EC competition law litigation. I start by exploring the broader issues raised by the integration of economic expertise in litigation: in particular the risk of moral hazard and adverse selection because of the...

This paper argues that European competition law does not allow for the definition of gratuitous markets, and that it is highly unlikely that free products/services can be included in markets with paid products/services. It is also argued that competition law does not apply to truly gratuitous...

The paper outlines various measures of profitability and considers what role they can play in competition law. We argue that profitability measures can provide a good answer to the wrong question and a much less good answer to the question we really want to answer. Using appropriate definitions...

The first and significant hurdle in joint venture competition law analysis has to do with its rigorous definition. No consensual definition of the concept of joint venture in the field of competition law (including EU competition law) has ever been provided. On the contrary, multiple definitions...