The European Union is based on the rule of law inasmuch as measures adopted by its institutions or by its Member States are reviewed as to their conformity with EU Law within what is called “a complete system of legal remedies and procedures”. In this context, the question arises as to the...

The paper discusses how the mandate of competition agencies is affected by actions taken by populist governments. Poland serves as a case study in this respect. Two principal problems are addressed. The first one is the prioritization of consumer enforcement over competition law enforcement by...

The purpose of this paper is to carry out an initial analysis of the constitutional aspects that have an impact and are based on competition law and policy in Argentina. Within this framework, we briefly analyse the different antitrust laws that governed our country during the last century. Then...

"Sector inquiries" as performed by competition authorities are focused on first, identifying regulatory, behavioural or structural problems in a market that can explain perceived failures of competition and second, suggesting solutions for improving competitive outcomes or processes. This note...

There are periodic calls for the Federal Trade Commission (FTC) to supplement ex post antitrust enforcement with ex ante competition rulemaking under § 5 of the Federal Trade Commission Act (FTC Act) to address competition problems that are especially hard to reach through adjudication in...

The DMA Proposal is silent about private enforcement, although the general view takes this as granted. Indeed, as the Commission’s Proposal currently stands, national courts would apply Articles 5 and 6 and enforce the related obligations in civil litigation. However, the prospect of unlimited...

Protecting employee whistle-blowers is important, as this is a significant source of uncovering wrongdoing, both for public, and private organizations. How whistle-blowers make decisions is complex, and potential whistle-blowers may not have complete information on the strategies that are chosen...

Mergers in the pharmaceutical sector warrant special scrutiny not only because of concerns over affordability of medicines, but also because the institutional details of pharmaceutical markets complicate the economic analysis of merger effects. Standard anti-trust analysis of mergers, in...

In recent years, the growth of e-commerce has significantly reshaped undertakings’ business and distribution strategies. Not only is the use of selective distribution on the rise, but manufacturers are also imposing more and novel types of restraints to control the conditions of retail. They...