This paper evaluates the effect on competition of adopting the FTC's product hopping theory as an antitrust doctrine. The paper criticizes the theory and explains why it would be a mistake to adopt it as a guide to antitrust liability

This chapter discusses the significance of corporate compliance programmes as a competition enforcement tool. Current enforcement challenges in the fight against collusive practices that are, a low probability of detection and under-deterrence of corporate fines, raise the need to move away from...

We examine the merits of competition cases brought against Google with respect to alleged search bias. The four key steps in a structured investigation into an alleged abuse of dominance/monopolization/unfair method of competition are:1) characterization of the conduct, 2) market definition, 3)...

This chapter describes the status quo of criminal enforcement in selected Member States of the European Union and discusses the desirability of criminal enforcement of competition law from a policy perspective. It concludes that at least in Germany the introduction of a criminal offence for...

For decades, the NCAA has trumpeted "amateurism" and "student-athletes." But what if this is all a façade? What if these are empty phrases the NCAA hides behind in its embrace of commercialism on the backs of athletes?These are the questions at the heart of Joe Nocera and Ben Strauss's gripping...

In the area of drug patent settlements, the First Circuit's ruling in In Re Loestrin 24 Antitrust Litigation is a crucial decision. Since the Supreme Court's ruling in FTC v. Actavis, much ink has been spilled on whether "payment" applies beyond cash. The vast majority of district courts (as...

This article examines the recent developments concerning the treatment of internal sales (intra-group or captive sales) in the process of setting fines for violations of EU Competition Law. In particular, it looks into Guardian Industries, LG Display and InnoLux, in which the Court of Justice...

This paper discusses the judgment of the EU General Court of 12 June 2014 in the Intel case. It argues that the EU case-law on the use of exclusivity rebate systems by undertakings occupying a dominant position is economically sound, and that the criticism directed at this case-law is ill-founded

In both the US and the EU, the antitrust category of “sham litigation” (in the US) or “vexatious litigation” (in the EU) enables a plaintiff, or a defendant in case this action forms part of a counterclaim, to argue that the introduction of litigation may constitute, under certain...