The Bell Atlantic v Twombly and Ashcroft v Iqbal Supreme Court opinions refined the threshold for motions to dismiss claims. In elaborating on these thresholds, the Court discussed the legal interplay of “possibility,” “plausibility,” and “probability.” The Court emphasized that...

Patent holders are, with increasing frequency, making public promises to refrain from asserting patents under certain conditions, or to license patents on terms that are “fair, reasonable and non-discriminatory” (FRAND). These promises or “patent pledges” generally precede formal license...

The National Collegiate Athletic Association (“NCAA”) oversees nearly every aspect of the $11 billion college sports industry. Its powers include scheduling championship events, determining eligibility rules, entering into commercial contracts, and punishing members that refuse to follow its...

While some investigations are conducted on the so-called “procurement cartels” in Colombia, a major institutional shift has been generated to protect public tenders. Thus, since 2009 the Superintendency of Industry and Commerce created an anticollusion group, opened over 30 preliminary...

Should companies that have antitrust compliance programmes be granted a reduction in the amount of fines or even immunity from fines when they are found to have committed antitrust infringements? Should the absence of a compliance programme constitute an aggravating factor leading to higher...

This chapter assesses the development and possible future orientation(s) of EU Energy Law and Policy, focusing upon the commitment to market liberalization and market-based approaches, as well as the combination of EU and national level actors, institutions and policies. The combination of goals...

This work is the only current, single volume coverage of the the latest EU energy legislation and its application on the context of the rules of the EU Treaties. Providing a comprehensive account of EU energy law following the adoption of the third energy package in 2009 this book focuses on...

Computational antitrust promises not only to help antitrust agencies preside over increasingly complex and dynamic markets, but also to provide companies with the tools to assess and enforce compliance with antitrust laws. If research in the space has been primarily dedicated to supporting...

Trustworthy AI becomes ever more important, both in machine learning and in the law. One important consequence is that decision makers must seek to guarantee a `fair', i.e., non-discriminatory, algorithmic decision procedure. However, there are several competing notions of algorithmic fairness...

Three questions are examined in this essay. What challenges does the virtual world pose for competition law?In what way does the digital economy change the relationship between economic rights and fundamental freedoms? How does the digital economy affect the division of jurisdiction between...