"Niamh Dunne undertakes a systematic exploration of the relationship between competition law and economic regulation as legal mechanisms of market control. Beginning from a theoretical assessment of these legal instruments as discrete mechanisms, the author goes on to address numerous facets of...

A near-ubiquitous concept in legal debates on contemporary approaches to market regulation and reform, liberalisation broadly speaking involves a transition from controlled to competitive markets. Yet for many, liberalisation implies not merely practical processes and legal instruments of...

The proposition that certain digital platforms act as ‘regulators' within their own business models is a key pillar of the European Commission report on Competition Policy for the Digital Era, and the basis upon which its authors build a wide-ranging duty for dominant platforms to secure...

‘Indispensability' is the central concept underpinning the treatment of refusal to deal claims under Article 102 TFEU. Since its adoption in Magill and Bronner, however, the conventional wisdom that instances of refusal to deal constitute an abuse only in the presence of indispensability has...

Antitrust rules have been brought into play in situations whereby a company tries to prevent, or at least delay, the entry into the market of potential competitors. This issue has gained prominence in the context of patents and intellectual property (IP) rights in the pharmaceutical industry....

The concurrency regime empowers certain sector regulators in the UK to apply the competition rules in tandem with the CMA. Reflecting a strong ideological preference for the benefits of competition over more prescriptive forms of regulatory supervision, the regime has, however, struggled to...

Private enforcement is an increasingly prominent and important aspect of EU competition law. The impending Directive on damages actions aims to strengthen and, to a degree, harmonise procedures for private competition litigation, while recent cases of the Court of Justice have consistently...

This note contrasts the approaches taken by the Court of Justice of the European Union and the UK Supreme Court in the high‐profile litigation which preceded the introduction of minimum alcohol pricing in Scotland. The case of Scotch Whisky Association and others v The Lord Advocate and...

This paper explores the proliferation of settlement mechanisms within contemporary antitrust enforcement pursued by the European Commission under Regulation 1/2003. To do so, it develops a taxonomy of settlement devices deployed in recent enforcement activity, considering for each the level of...