Insurers subcontract with pharmacy benefit managers (PBMs) to administer drug insurance. PBMs typically profit from the difference between a fixed amount and the reimbursement paid to pharmacies (i.e., "spread pricing"). Some states require insurers and PBMs to use cost-plus contracts, in which...

The automotive industry is undergoing a fundamental transformation driven by digitization, enabling original equipment manufacturers (OEMs) to exert increasing control over vehicle functions, data, and - consequently - aftersales markets. Despite high relevance for consumers, regulatory scrutiny...

In this paper we will examine the issue of ownership unbundling and forced divestiture remedies imposed in a series of recent competition law cases of the energy market - examined in other papers - in relation to the possible existence of a series of legal obstacles. These energy market...

At present, there is a wide debate on regulating geo-blocking, an online practice that prevents consumers from buying or having access to products and services from another country. This practice is not only used by retailers, but is also of great importance in the market for digital visual...

In Italy, fixed telecommunications were liberalised 15 years ago, but the incumbent is still the dominant operator. The Italian antitrust authority has recently fined Telecom Italia for margin squeeze and technical sabotage, proving that the incumbent still has the incentive and the power to...

This essay is the introduction to a forthcoming volume entitled, Regulating Innovation: Competition Policy and Patent Law Under Uncertainty (Cambridge U. Press 2009 forthcoming). In addition to introducing all of the papers in the volume, this essay introduces the organizing themes of the...

Open almost any news source, or simply turn on the program guide of your own television, and the explosive proliferation of sports telecasts is quickly evident. The amount exhibitors pay to sports leagues has reached dizzying heights, in large part due to high demand and the unique, unrecorded...

The results of MOFCOM's review in Wal-Mart’s acquisition of control of Yihaodian is a reminder that non-competition factors play significant roles in AML merger control. MOFCOM’s decision in Wal-Mart/Yihaodian may be a striking "throw back" to the Coca-Cola/Huiyuan and Mitsubishi...

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