The Emperor’s Clothes Laid Bare: Commitments Creating the Appearance of Law, While Denying Access to Law
Posted by D. Daniel Sokol
Philip Marsden (College of Europe, Bruges & British Institute of International and Comparative Law) describes The Emperor’s Clothes Laid Bare: Commitments Creating the Appearance of Law, While Denying Access to Law
ABSTRACT: This article examines how the Article 9 commitments procedure under EC Regulation 1/2003 is increasingly being used to create policy under the guise of law and, in practice, to prevent courts from effectively providing review of, and guidance on, new areas of law. This problem is particularly acute in fast-moving high technology markets and is perfectly illustrated by the current standard-essential patent cases: Do commitments given to a competition agency by an individual company on the basis of a particular fact-pattern create a new abuse for SEP holders to seek injunctive relief? Are we seeing over-reaching by the executive branch based on an as-yet unproven and controversial theory of harm? Does denying litigants their day in court, albeit in very particular circumstances, violate the rule of law?
Featured News
Redfin Settles $9.2M Commission Inflation Lawsuits
May 7, 2024 by
CPI
DOJ Supports Colorado’s Efforts to Block Kroger-Albertsons Merger
May 7, 2024 by
CPI
Japan Considers Regulation of AI Developers
May 7, 2024 by
CPI
European Commission Extends Decision Deadline for Ita-Lufthansa Merger
May 7, 2024 by
CPI
UK, US and Australia Sanction Senior Leader of LockBit Cybercrime Gang
May 7, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Economics of Criminal Antitrust
Apr 19, 2024 by
CPI
Navigating Economic Expert Work in Criminal Antitrust Litigation
Apr 19, 2024 by
CPI
The Increased Importance of Economics in Cartel Cases
Apr 19, 2024 by
CPI
A Law and Economics Analysis of the Antitrust Treatment of Physician Collective Price Agreements
Apr 19, 2024 by
CPI
Information Exchange In Criminal Antitrust Cases: How Economic Testimony Can Tip The Scales
Apr 19, 2024 by
CPI