Chicago School theorists have argued that tying cannot create anticompetitive effects because there is only a single monopoly profit. Some Harvard School theorists have argued that tying doctrine’s quasi-per se rule is misguided because tying cannot create anticompetitive effects without...

A criminal offence requiring Ghosh dishonesty was introduced in the UK by the Enterprise Act 2002, primarily to enhance cartel deterrence as a complement to corporate fines. Yet the first convictions resulted from a US plea bargain in 2008. This paper identifies three obstacles to enhancing...

Digital platforms, empowered by artificial intelligence algorithms, facilitate efficient interactions between consumers and merchants that allow the collection of profiling information which drives innovation and welfare. Private incentives, however, lead to information asymmetries resulting in...

The EU Courts have regularly been called upon to engage with the object/effect dichotomy set out in Article 101 of the Treaty on the Functioning of the European Union (TFEU). This series of cases illustrates, that although the distinction between by object and by effect restrictions is...

Standards, common platforms that allow products to work together, are essential to the modern economy. But standards often are based on patented technologies. And in what has been referred to as "patent holdup," the owners of patents incorporated into standards may exploit that power by refusing...

Unfair practices by online platforms have not only exclusionary effects on relevant markets but also exploitative effects on captive business users (and/or individual users). Nevertheless, attention is lopsided with most of the focus having been placed on the exclusionary abuse. With the aim of...

Innovation plays a crucial role in defining competitive dynamics. Given this fact, one might expect ‘innovation’ to play a consistent role in antitrust law. The present article conducts a systematic content analysis of the case law of the Court of Justice of the European Union to test this...

A dreary debate has occupied the antitrust community over the past 30 years. The debate is a more elegant, scholarly version of the commercials for Miller Lite beer that ran during much of the same period. In the beer commercials, one group of modestly recognizable celebrities and personalities...

On Friday, October 5th, 2007 over two dozen antitrust scholars from Europe and North America met at Loyola University Chicago to discuss the comparative state of monopolization law. This meeting, co-sponsored by the Loyola University Chicago Institute for Consumer Antitrust Studies and British...

The late Phillip Areeda's 1990 article Essential Facilities: An Epithet in Need of Limiting Principles has had a profound impact on the development on the essential facilities doctrine in antitrust law. It has become the intellectual basis for the critique and roll back of a doctrine that has...