This paper looks at whether the standard unilateral effects model can be applied to non-price competition parameters such as innovation. This question arises because competition authorities are intervening in horizontal mergers that are found to give rise to a “significant impediment to...

This paper proposes an understanding of abuse of collective dominance or shared monopolization that does not outlaw oligopolistic tacit collusion as such, but that reputes abusive a set of tactics adopted by tacitly colluding oligopolists exposed to disruption. As much as deviation is an...

This paper reviews the 2014 Intel judgment of the General Court of the EU in relation to exclusivity rebates given by dominant firms. It distinguishes between the positive issue – ie the legal standard currently applicable to the assessment of dominant firms' rebates – and the prospective...

Portuguese Abstract: Os segredos de negócio são uma matéria que não tem recebido uma atenção proporcional à sua importância económica. Este artigo visa fazer uma descrição breve do regime português do segredos de negócio. Assim, começa por apresentar algumas razões para a...

In European Union ("EU") competition law, the supply policy of a dominant input provider can be deemed unlawful, if his wholesale and retail price-mix forces rival input purchasers to compete at a loss on the downstream market. This is known as an abusive "margin squeeze". Whilst this stands to...

In what should have been an exemplary case and a plea of an enforcement untamed and far away from the Chicago approach, the EU commission ruled, in 2009, that Intel, holding approximately a 70% share in the market for computer chips, in the period 2002-2007 abused its market power by putting in...

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...

Patent settlements between rivals restrain competition in many different ways. Antitrust requires that their anticompetitive effects are reasonably commensurate with the firms’ expectations about (counterfactual) patent litigation. Because these expectations are private and non-verifiable,...

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