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Antitrust Chronicle®

Antitrust Chronicle® – Theories of Harm
 |  Jun 17, 2025

Dear Readers,   This edition of the Chronicle gathers timely contributions, each grappling with a deceptively foundational question: What constitutes “harm” in competition law? Sean P. Sullivan opens the discussion…

What Do We Mean by Harm to the Competitive Process?
 |  Jun 17, 2025

Persistent ambiguity surrounds the widely accepted view that antitrust law exists to prevent “harm to the competitive process.” While interpretations of this phrase typically divide along familiar ideological lines, ambiguity…

Is There a Better Approach to Vertical Merger Analysis?
 |  Jun 17, 2025

The DOJ and FTC have lost a series of vertical merger cases over the past several years. One possible reason for these losses is the government’s strategy – specifically, that…

California’s Ill-Advised Turn Toward Europeanized Theories of Harm For Single-Firm Conduct
 |  Jun 17, 2025

California is considering three legislative options to overhaul its antitrust law and sanction single‑firm conduct through European‑style “exclusionary” theories of harm. Such a break from U.S. antitrust jurisprudence would bias…

EU Competition Policy in Support of Democracy and Sustainability: What Theories of Harm When Moving Away From the Predominance of the Consumer Welfare Paradigm?
 |  Jun 17, 2025

In this paper, I explore the connection between theories of harm and the goals of EU competition policy. Empirical research shows that EU competition law does not only pursue consumer…

The Challenges of Form-Based Enforcement Approaches In Dominance Cases
 |  Jun 17, 2025

The role of economic effects analysis in dominance or monopolization cases has come under increasing scrutiny in recent policy debates on both sides of the Atlantic. Some advocate a more…

When Is a Breach of Regulation an Abuse?
 |  Jun 17, 2025

This article examines the interplay between regulation and competition law and explores the rationale for investigating regulatory breaches as potential abuses of dominance. We explore under the conditions under which…

Antitrust Chronicle® – Industrial Policy
 |  May 21, 2025

Dear Readers,   This edition of the Chronicle gathers a set of contributions grappling with one of the most pressing economic governance questions of our time: how should competition policy…

Industrial Strategy and the Role of Competition – Taking a Business Lens
 |  May 21, 2025

This article suggests a refreshed approach to industrial strategy by drawing on principles from business strategy. Recognizing the disruptive shifts in geopolitics, global trade and technology, it lays out ways…

Industrial Policy, Antitrust, and Economic Growth: Some Observations
 |  May 21, 2025

Economic growth has slowed in many countries, in some cases posing significant long-run threats to national well-being and security.  Governments are considering industrial policy to accelerate growth and gain competitive…

Bolder by Design: Crafting Pro-Competitive Industrial Policies For Complex Challenges
 |  May 21, 2025

Competition policy, through advocacy and enforcement, is essential in ensuring effective industrial policy strategies and outcomes. Drawing on examples from telecommunications, public procurement for the green transition, and digital payment…

Competition-Friendly Industrial Policy
 |  May 21, 2025

Industrial policy, essential for addressing market failures, encounters concerns regarding protecting inefficient firms. We advocate for competition-friendly industrial policies, underscoring the complementary relationship between industrial and competition policies and the…

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