This article defends Block Exemption Regulations (‘BERs’) as a legitimate and effective tool for the consideration of public policy within Article 101 of the TFEU enforcement. Going against popular opinion, it argues that as the expression of a clearly defined EU-wide political consensus,...

This paper provides empirical evidence revealing the disappearance of Article 101(3) from the Commission's practice following the entry into force of Regulation 1/2003. It is based on a comprehensive “coding” of the more than 800 Commission decisions applying Article 101 TFEU between...

The EU and US antitrust law provisions on unilateral conduct are often understood as remedying the competitive harm resulting from the exercise of significant market power. They only apply when firms hold dominance or monopoly positions. Nonetheless, this chapter explores existing laws and...

Legal scholarship and practice are predominately based on the case analysis method. The law is articulated based on limited “leading” cases, identified by judges or researchers having a bound of authority. This chapter presents a different approach, known as systematic content analysis of...

This article questions the common view that the modernisation of EU competition law has removed public policy considerations from the public enforcement of Article 101 TFEU. Based on a large quantitative and qualitative database including all of the Commission's and five national competition...

"This Book is the first to empirically examine the role of non-competition interests (public policy) in the enforcement of the EU's prohibition on anti-competitive agreements. Based on an original quantitative and qualitative database of over 3100 cases, it records all of the public enforcement...

In our study, ‘Policy Report: Priority setting in EU and national competition law enforcement’ (“Report”), we conducted a systematic and comprehensive mapping of the procedural and substantive rules and practices that define the way competition authorities of 27 EU Member States, the...

Effective enforcement of competition law is vital for the functioning of competitive markets. As competition authorities are constrained by scarce financial and human resources, it is neither possible, nor desirable, to enforce every possible competition law infringement. Hence, the power to set...