This article is part of a Chronicle. See more from this Chronicle Kyle Andeer, Nov 12, 2008 Section 5 of the Federal Trade Commission Act empowers the Federal Trade Commission (“FTC” or “Commission”) to prohibit “unfair methods of competition.” Congress left these terms largely undefined in order to provide the new agency with broad and […]

In this issue: Twelve Stories of Antitrust: A Look Back at 2008   John Vickers, Apr 24, 2008 A Tale of Two EC Cases: IBM and Microsoft Arguably the largest abuse of dominance case in Europe before Microsoft was the IBM case of the early 1980s. Both cases were about interoperability and bundling, and both […]

This article is part of a Chronicle. See more from this Chronicle Ian Forrester, Jan 20, 2009 More than 25 years ago, Christopher Norall and I wrote an article challenging the Commission’s approach to the application of Articles 81(1) and (3) EC, calling for the priests of competition law in Brussels to trust the laity […]

This article is part of a Chronicle. See more from this Chronicle Joseph Angland, Oct 1, 2008 A key element in a claim for actual or attempted monopolization is that the defendant used improper means to acquire, maintain, or attempt to acquire monopoly power. The cases use a plethora of adjectives to describe this improper […]

This article is part of a Chronicle. See more from this Chronicle Kirtikumar Mehta, Sep 30, 2008 Anti-cartel enforcement has been a major priority for some time for all competition agencies. Beyond intensifying investigative actions and prosecutions, however, the primary thrust of policy and indeed the chief yardstick for evaluation of enforcement is the degree […]

This article is part of a Chronicle. See more from this Chronicle Peter Corne, Carl Hinze, Steve Yu, Aug 11, 2008 Olympic competition is not the only form of competition that China will be endorsing this August. On August 1, 2008, China’s Antimonopoly Law came into effect. Two days later, the State Council’s Regulations on […]

This article is part of a Chronicle. See more from this Chronicle James Aitken, Rachel Brandenburger, Thomas Janssens, Jul 28, 2008 On July 10, 2008, the European Court of Justice gave judgment setting aside a ruling of the European Court of First Instance in an appeal brought by Impala, a third-party complainant, against the clearance […]

This article is part of a Chronicle. See more from this Chronicle C. Boyden Gray, Jul 12, 2008 Although U.S. and EC antitrust law have converged considerably in the last few years, significant differences remain in the treatment of dominance under Article 82 of the EC Treaty. This difference is perhaps best illustrated by the […]

This article is part of a Chronicle. See more from this Chronicle Wendy Bloom, Jun 25, 2008 Whether or not a court will certify an antitrust class action may well depend on the federal circuit in which the lawsuit is filed. In recent years, a trend toward increased scrutiny of plaintiffs class action allegations has […]

This article is part of a Chronicle. See more from this Chronicle Renato Nazzini, Jun 10, 2008 One area of EC competition law that has been particularly controversial in recent years is the application of Article 82 of the EC Treaty to allegedly anticompetitive rebates. The case law of the Community Courts concerns single-product rebates, […]

This article is part of a Chronicle. See more from this Chronicle Simon Genevaz, May 14, 2008 Margin squeeze practices occur in industries where incumbent companies operate at two levels of trade, both selling an input at wholesale and acting as retail suppliers. In these situations, because the upstream input sold by the incumbent is […]

This article is part of a Chronicle. See more from this Chronicle John Vickers, Apr 24, 2008 Arguably the largest abuse of dominance case in Europe before Microsoft was the IBM case of the early 1980s. Both cases were about interoperability and bundling, and both followed litigation in the United States. Unlike Microsoft, the European […]