This article examines how the burden of proof is allocated in private antitrust suits in China, and tries to assess whether the criticism about the high burden of proof is merited. In that quest, the article lays out the general principle for the burden of proof in antitrust cases in China. It...

From a consequentialist perspective, the deterrence of undesirable behavior is one of the main functions of a legal system. For antitrust law, the deterrence of cartel behavior is its least controversial goal. Cartels harm markets economies with static and dynamic inefficiencies. And...

The purpose of this document is to assess two questions that have a positive and normative nature respectively: 1) What incentives does the legal and institutional framework of the European Community (EC) and the United States (Federal level) provide to the different agents involved in antitrust...

This Article evaluates two different economic models of criminal law as applied to the enforcement of antitrust laws. The author argues that economic models which propose antitrust punishment be limited to fines and then to fines that are levied against only business entities, are deficient...

Predatory innovation theories claim that firms sometimes obtain or retain dominance by modifying products or introducing new technologies to foreclose rivals. U.S. antitrust law has permitted such claims in some circumstances, but subject to skepticism that courts or agencies are capable of...

Blockchain may transform transactions the same way the Internet altered the dissemination and nature of information. If that were to be the case, all relationships between companies would change, including prohibited ones such as collusive agreements. For that reason, the stakes are crucial and...

The aim of this research is to provide the basic parameters for a model for the definition of the relation between the general competition and sector specific frameworks and rules regarding the regulation of the Internal Energy Market, especially after the Third Energy Package. The research...

The key argument of this contribution is that there is a case for harmonisation of the rules for online rating and review systems at the European level in order to create a level playing field for the collaborative economy. Following the model of the ‘new approach’ which has been efficient...

Competition authorities in foreign jurisdictions have recently adopted or are considering guidelines on applying competition law to intellectual property rights (IPR). A common concern that certain exercises of IPR can restrict competition underlies IPR provisions that would enable competition...