The Sherman Act establishes free competition as the rule governing interstate trade. Banning private restraints cannot ensure that competitive markets allocate the nation’s resources. State laws can pose identical threats to free markets, posing an obstacle to achieving Congress’s goal to...

The regulation of collective dominance is a relatively novel concept in most African telecommunications sectors. This article argues that the Nigerian legal framework for regulation of collective dominance, which was modeled substantially on EU law, although an improvement on previous rules,...

The 1945 McCarran-Ferguson Act provides that federal legislation generally, including the antitrust laws, is “applicable to the business of insurance [only] to the extent that such business is not regulated by State law.” The statute was enacted after United States v. South Eastern...

Under ex ante access regulation entrants often claim that access fees are excessive. I show that this is only the case if further entry is admitted. If the entrant is protected from further entry it would agree with the incumbent upon a strictly positive access fee which may exceed the efficient...

This paper indentifies the two-dimensional relationship that procurement and competition keep. From a ‘market’ perspective, public procurement needs to take place in an environment free from collusion between tenderers, or bid rigging. Public buyers only can achieve value for money if...

Patent settlements between originator and generic firms in the pharmaceutical industry are a controversial topic, both in EU competition policy and U.S. antitrust law. The main concern is that patent settlements, which involve large payments from the originator to generic firms (reverse...

This chapter examines whether the US Federal Trade Commission should be pursuing any aspect of its competition enforcement mission through substantive rulemaking. Assuming, for the sake of argument, that the agency has the requisite authority to engage in competition rulemaking, the question on...

Antitrust doctrine is under heavy fire in the academic literature. Modern criticism of antitrust doctrine attacks three ‘limits’ that would excessively constrain enforcement of the law: (i) the consumer welfare standard, (ii) the rule of reason, and (iii) a self-imposed neglect of labor...

This article examines the Program Access provisions contained in the Cable Television Consumer Protection and Competition Act of 1992 ("1992 Act"), which sought to promote entry into local distribution markets through interim limits on strategic vertical restraints between vertically integrated...

We briefly review the relevant economic theories and legal treatment of vertical restraints, and especially focus on the 1977 landmark case of Sylvania and its possible influence on China's antitrust enforcement on vertical restraints. China's competition policy, and particularly its...