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Institutions and Incentives in Antitrust Enforcement
Waller, Spencer WeberThe United States Supreme Court has decided in a number of cases how Section One 1 of the Sherman Act should apply to agreements that potentially harm competition. In recent key cases, the Court stated that the rule of reason is the default rule in antitrust. Second, per se condemnation (or some rebuttable presumption) is reserved for a limited group of practices that economics and experience show that the type...
On the relationship between antitrust and strategy: taking steps and thinking a...
Monteiro,Guilherme Fowler de AvilaAbstract In this paper, I examine the role that strategic analysis has played on antitrust and discuss new analytical venues. In order to accomplish this goal, the paper presents two directions. Initially, I undertake a review of the current debate between antitrust and strategy. I argue that much of the contemporary discussion on the subject is founded on traditional economic approaches to strategy, what leads...
Antitrust Damage Claims: A View From Efta Court
Jurkowska-Gomułka, AgataArticles 101 and 102 TFEU have become a pattern for competition rules provided in Articles 53 and 54 of the EEA Agreement, which entered into force on 1 January 1994. Both EU competition law and EEA competition law can be enforced before national courts. Lodging damage claims in the EU was facilitated by Directive 2014/104/EU. The so-called Antitrust Damages Directive was highly inspired by the jurisprudence of...
The market as lived experience: on the knowledge of markets in antitrust analysis
Onto,GustavoThis article describes some of the reported thoughts, anecdotal observations and analytic practices of advisors and commissioners working at the Brazilian antitrust body (CADE) regarding the markets, industries, sectors - i.e. the economic world - which they aim to understand and regulate. The activity of these professionals primarily requires an evaluation of certain market characteristics in order to establis...
ALGORITHMS AND BIG DATA: CONSIDERATIONS ON ALGORITHMIC GOVERNANCE AND ITS CONSE...
Mattiuzzo,MarcelaABSTRACT This paper aims at presenting the recent rise in the use of algorithmic systems, the move by policy makers towards fighting potential harmful outcomes that may arise from the use of such tools, and the consequences of such policy proposals for antitrust. It is organized into five sections: the first introduces the topic; the second delves deeper into the expansion of algorithmic use in the data-drive e...
The Roots of Antitrust Policy in the United States' Sherman Act
Carvalho, Sónia deThe origins of modern competition policies date back to the end of the 19th century in the United States of America, as a reaction to the growth of certain companies and their economic power, which was the result of economic development and the consequent increase in competition that shaped American society in the second half of the 19th century. Companies began to organise themselves into large groups, establi...
Diversity and Inclusion through Technology in the Teaching of Antitrust Law
Jiménez,Briseida SofíaAbstract Sustainable Development Goals try to foster several targets for a better planet. Universities play a key role in providing access to tertiary education. Our teaching experience focuses on two SDGs: number 4 on quality education and number 10 on reduction of inequalities with the objective to build an inclusive and effective learning environment for students within quality education. Antitrust law was s...
New CPC Regulation and ECN+ Directive: the powers of national authorities in th...
Massa, ClaudiaNational authorities in individual countries are responsible for the enforcement of EU consumer protection and antitrust laws together with the European Commission. This article seeks to define the powers of national consumer and antitrust authorities when enforcing those laws. In doing so, it analyses two main EU acts: on the one hand, EU Regulation no. 2017/2394, thanks to which national consumer authorities ...
The US antitrust jurisprudence through the lens of Chicago School and the Trans...
Carvalho, Sónia deIn the mid-70s, the US antitrust jurisprudence finally embraced the economic approaches developed at the University of Chicago on the 30s.The Chicago School of Economics has as its main characteristic the defence of the private economy and of a limited intervention of the government, which underlies the idea that individual freedoms depend on the existence of a system based on private initiative and market econ...
Investigações Antitrust na UE: o impacto no valor de mercado das empresas
Carrilho, Pedro Andre ManoTrabalho de Projeto do Mestrado em Economia apresentado à Faculdade de Economia; Este trabalho de projeto tem como objetivo verificar o impacto das investigações antitrust no valor de mercado das empresas. Para tal procedeu-se à recolha de todos as decisões relativas ao artigo 101º do TFUE (levando em conta apenas os processos relativos a cartéis) e o artigo 102º do TFUE. Adotou-se como metodologia o estudo de ...