This paper seeks to examine whether the legal standards underpinning the application of Article 102 of the Treaty on the Functioning of the European Union (TFEU) need to be revisited in light of the alleged specificities of “technology-enabled” markets. To this end, the paper is divided in...

In a recently published article ("Article 82: Excessive pricing - An outline of the legal principles relating to excessive pricing and their future application in the field of IP rights and industry standards", Competition Law Insight, 4 July 2006, p. 3), Marcus Glader and Sune Chabert Larsen...

Standard-setting activities, which aim to achieve device interoperability and product compatibility, play a fundamental role in fostering innovation and competition in a variety of markets. Such activities, typically carried out by armies of engineers, would generally not be expected to...

This paper explores the possibility of remedial intervention against the credit rating oligopoly under the competition rules. It is divided in six parts. Following an introduction, Part II provides an overview of the credit rating industry. Part III demonstrates that there is a possible economic...

This paper seeks to uncover an inconvenient truth. The Microsoft decisions are not tying cases. Rather, the two decisions taken by the EU Commission against Microsoft – i.e. the Windows Media Player (“WMP”) case of 2004 and the Internet Explorer (“IE”) case of 2009 – mark departures...

The purpose of this working paper is to demonstrate that European competition lawyers – or at least most of them – do not need a shrink. More seriously, this paper underlines that a significant body of behavioral economics has already penetrated European Union (“EU”) competition law, in...

Royalties for intellectual property (IP) are like taxes. Everyone agrees that some limits are necessary. However, no one agrees on the levels at which the limits should be set. One way to overcome disagreement consists in asking if a legal rule or standard should govern the limits of IP...