The relationship between the legal exclusivity and economic market power : links and limits / Josef Drexl -- Intellectual property and sources of market power / Mark R. Patterson -- Controlling the unilateral exercise of intellectual property rights : a multitude of approaches but no way ahead?...

This paper explores the impact of ordoliberal thinking on the drafting of the prohibition of "abuse" of a dominant position in the market that was included in the competition rules of the Rome Treaty establishing the European Economic Community as well as on its interpretation by the Commission...

EU competition policy acts as an important buttress to the Single European Market, with Article 82 EC specifically prohibiting the abuse of a dominant position in the common market or a substantial part of it. Therefore the substantial part notion acts as a boundary or subsidiarity test,...

The latest frontier of the essential facility doctrine under EU competition law is the use of antitrust rules to impose on dominant firms a duty to invest in infrastructure development. While a genuine lack of capacity has traditionally been considered an objective justification for a refusal to...

In this paper, we analyze a recent antitrust case of abuse of dominance decided by a Chinese administrative enforcement agency under China’s Anti-Monopoly Law (“AML”). A key issue in this case involves the impact of loyalty rebate programs used by a dominant firm. We provide an overview of...

Shaping markets through competition and economic regulation is at the heart of addressing the development challenges facing countries in southern Africa. The contributors to 'Competition Law And Economic Regulation: Addressing Market Power In Southern Africa' critically assess the efficacy of...

The persistent dominance of US digital platforms relates to strategies that can be justified on efficiency grounds. However, these strategies might also offset competition and have ambiguous welfare effects. Overall, though, the economic literature does not provide a clear theoretical ground for...