Tag: Enforcement
Brave New World?
The UK’s Competition and Markets Authority is expected soon to get new powers to regulate digital companies with Strategic Market Status (“SMS”). Once the...
Upping the “Ante” on Competition Regulation: Gambling with the Future of...
Policymakers, regulators, and commentators alike have criticized antitrust enforcers’ attempts at constraining “Big Tech” as excessively lenient and far too slow. This perceived failure,...
Brussels Effect? Convergence and Divergence on Platform Regulation in Transatlantic Competition...
The merits of ex ante regulation have sparked intense debate on both sides of the Atlantic. But their potential challenge to consistent Transatlantic competition...
Much Ado About Nothing? An Examination of Canada’s Efficiencies Defense
By Michael Caldecott & Erin Keogh1
I. Introduction
Canada’s competition regime substantively mirrors the regimes of other mature jurisdictions in almost all respects. The most noteworthy...
Essential Facilities and the Law of the Hammer
The essential facilities doctrine has received a resurgence of interest recently, especially with regard to platform markets. Many references to the doctrine exaggerate its...
Revival of the Essential Facility Doctrine is not Essential; Joint Agency...
The Executive Branch, Congress, and the federal enforcement agencies are focused on the competitive impact of large, allegedly dominant technology platform companies. The House’s Competition...
Antitrust Chronicle® – Interlocking
Dear Readers,
Minority shareholdings and interlocking directorships between competitors are, and have always been, a widespread practice in certain industries. Given that, on their face,...
Transatlantic Perspectives On Interlocking Directorates
This article highlights the potential anticompetitive risks raised by interlocking directorates between competitors, as facilitating collusion, and possibly reducing the intensity of competition, especially...
The Peculiar Case of Horizontal Directors
Directors wield increasing influence in corporate America, making pivotal decisions regarding corporate affairs and management. A robust literature recognizes directors’ important role and examines...
Interlocking Directorates Under Section 8 of The Clayton Act: Driving a...
The U.S. Department of Justice and Federal Trade Commission have recently announced an aggressive approach to enforcing Section 8 of the Clayton Act, which...