Competition Law Under Fire: Responding to Competing Demands for Change in the Case of Price Parity Clauses and Loyalty Rebates

By Chris Pike & Gabriele Carovano

Competition law is under attack. On the one hand, there are calls for enforcement to re-examine the balance of risks, and prioritize delivery of fewer “false negatives.” On the other hand, there are calls to improve accuracy by adopting a more economic effects-based approach. In practice, this approach has no doubt reduced the number of false positives. However, for this to translate into increased accuracy, it is crucial that the number of false negativ