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The Failing Firm Defense in Times of (the COVID-19) Crisis: Is It Worth Revisiting?

BY | September 7, 2020

The recent COVID-19 pandemic has affected all areas of economic activity and competition law was not spared. Regulators around the world had to deal with the situation of the crisis…

The recent COVID-19 pandemic has affected all areas of economic activity and competition law was not spared. Regulators around the world had to deal with the situation of the crisis from administrative-type issues (teleworking including for hearings, submissions etc.) to how to apply substantive competition law in times of crisis. In this article we revisit the FFD in light of the COVID-19 crisis. We focus on the analysis undertaken by the UK Competition and Markets Authority in a string of rece

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