Because of the reliance on market analysis, current competition law may not be sufficiently fit for taking account of disruptive innovation which leads to the introduction of new products or services overthrowing existing markets. In the US, innovation has been given a more prominent place in...

Under the essential facilities doctrine, intellectual property right holders are forced to license their exclusive right to competitors when certain conditions established by the European Court of Justice are met. In the Microsoft case, the Court of First Instance applied the doctrine, but it...

The paper illustrates how the EU and U.S. antitrust systems are coming closer to each other in their extent of federalism or decentralization. It explores how plural antitrust enforcement models can be made future-proof, also considering the involvement of courts and legislators as evaluators in...

Although the essential facilities doctrine has not been applied recently anymore in EU competition enforcement, it is regularly referred to in EU policy discussions as a tool to open up markets in which ‘tech giants' act as gatekeepers to consumers. Considering that the digital economy is not...