This article aims to provide a detailed analysis of the concept of economic dependence and exploitative abuse through their evolution in competition law and economics and in European case law. First, while the theoretical roots of these concepts may be found in economic theory, we show that the...

Hybrid governance structures between markets and hierarchies in many industries, e.g., in energy and telecommunications, challenge antitrust and regulation policy. The paper focuses on the theoretical and methodological basis provided by the New Institutional Economics (NIE) for analyzing the...

This paper presents a model which focuses on differences between the competition policy of the EU and antitrust of the U.S. It introduces three versions - Neutral, American, and European. Two-stage game model takes the authority’s perspective and describes options and behavior of antitrust...

The last year has been ripe with antitrust authorities issuing (and withdrawing) guidance on their approach to evaluating practices of abuse of dominance. Canada's Competition Bureau is no exception with its January 2009 release of revised guidelines on the abuse of dominance provisions...

A quot;price squeeze,quot; or quot;margin squeeze,quot; is a theory of antitrust liability under section 2 of the Sherman Act that concerns a vertically integrated monopolist that sells its upstream bottleneck input to firms that compete with the monopolist's production of a downstream product...

The EU competition policy in regard to vertical restraints is mainly based upon neoclassical efficiencyoriented reasonings, leading to a neglect of the innovation dimension. This article analyses to what extent evolutionary theories of competition and innovation economics can be used to derive...

Over the past fifty years antitrust theorists and economists have advanced several pro-competitive explanations for minimum resale price maintenance [RPM]. Additionally, scholars have argued that non-price vertical restraints (such as territorial exclusivity) and RPM have similar effects on...

The article focuses on the concept of passing-on of overcharges and the peculiarities of its regulation by the Damages Directive. The Damages Directive obliges Member States to ensure that the defendant in an action for damages may invoke the passing-on defence. Moreover, the Directive...

The revised EU Directive on payment services in the internal market (PSD2) entered into application on 13 January 2018. The PSD2 introduces a sector-specific data portability rule dubbed access to account, or XS2A. Under the PSD2, specific categories of third parties (“Fintechs”) are allowed...

Platforms acting as sales channels for producers often charge users for access, via a subscription fee or a markup on hardware. We compare two common forms of vertical pricing agreement that platforms use with sellers: per-unit and proportional fees. In particular, we analyze the critical role...