This study is intended to provoke discussion on the practical effects of unfair trading practices (‘UTPs’) in the market and the necessity of new UTPs regulation at EU level.Section 2 addresses the notion of UTPs and their effects. UTPs in vertical business-to-business (‘B2B’) relations...

Claims of securities fraud had historically failed because investors seldom rely on false or misleading statements when transacting securities. To bolster confidence in securities markets, the U.S. Supreme Court adopted a doctrine called “fraud-on-the-market” so that duped investors can show...

This paper expands on an idea recently voiced by neo-Brandeisians and formally modelled by economists in the past two decades – namely, that the Chicago School’s arguments for the harmless and efficiency generating nature of vertical integration do not apply on zero-priced monetized markets....

A fallacy lies at the core of modern antitrust. The ascendance of the consumer welfare standard is a story often told. Yet existing narratives overlook the pivotal role that output has played--and continues to play--in shaping the contemporary antitrust enterprise. That role has gone unnoticed...

Shortly after the inauguration of Donald J. Trump as President in 2017, we wrote an article entitled “America-First Antitrust.” In the article we speculated on what the signature theme of Donald Trump’s campaign might mean for antitrust enforcement in the coming administration. We feared...

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...

A company collects more than 100 patents on a drug. It then aggressively asserts this “patent thicket” and enters into settlements with each of the competitors that could enter the market, paying them to delay their entry for years. The company admits that its strategy is to “make it more...

Bert Foer is one of the most influential figures in the past quarter century of antitrust. His founding and development of the American Antitrust Institute (AAI) filled a significant hole in late 20th-century antitrust and served as a useful counterweight to the Chicago School. In addition to...

This article examines two important aspects of the Nutanix, the very first case brought and decided under the Hong Kong Competition Ordinance (Cap 619), which came into full effect back in 2015 as the first piece of cross-sector competition legislation in Hong Kong. Both aspects pertain to the...