This paper considers the possibilities that the member states of the WTO would adopt some kind of antitrust provision. Initially, the paper reviews the historical relation of competition policy to trade policy, from the Havana Conference to the present. It then reviews the conflicts between the...

Since the 1970’s, there has been a progression toward market processes in nations once committed to comprehensive central economic planning. Multinational donors and individual Western countries have expended substantial resources to advise these nations about legal reforms designed to promote...

Because services offered by some of the so-called “FAANG” big-tech firms—Facebook, Apple, Amazon, Netflix and Google—are free, many believe we need a basis other than the “consumer welfare” standard in antitrust. At least with respect to Google, this conflict is false. Having a...

In May 2016 the BRICS competition authorities signed a Memorandum of Understanding (MoU), which puts in place an Institutional Partnership between BRICS jurisdictions in the area of competition law through a general framework for multilateral cooperation. The paper takes stock of these recent...

This paper is an account of the institutions of antitrust enforcement and adjudication in nine jurisdictions, across six continents, and the four principal international bodies involved with issues of antitrust. It synthesizes nine studies that illuminate the inner workings of each of systems in...

The three body problem in physics concerns the challenge of accurately calculating the interaction of three different bodies (e.g. planets). Examples include the motion of the Moon around the Earth as disturbed by the action of the Sun, or the movement of one planet around the Sun as disturbed...

This Comment focuses on Section 7: Potential and Nascent Competition of the Department of Justice and Federal Trade Commission's January 18, 2022, Request for Information on Merger Enforcement. Despite information and uncertainty problems with assessing potential and nascent competition, the...

The ne bis in idem principle (the prohibition of double jeopardy) is a fundamental protection under EU law. It has long been of particular importance in the decentralised system of EU competition law enforcement brought about by Regulation 1/2003. While the mechanism for cooperation between the...

European Community law has played a pivotal role in opening to competition economic sectors previously under the control of public monopolies. As with other sectors such as telecommunications, air transport, electricity, gas, and rail, the postal sector has succumbed to the wave of...