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The Ten Principles of Ex Ante Competition Regulation
 |  Nov 2, 2022

By John Taladay and Paul Lugard*   Introduction Governments and competition agencies considering new laws to regulate competition need not act blindly. Without much experience in competition regulation, they can…

International Competition Cooperation: Are There Too Many Cooks In The Kitchen?
 |  Oct 12, 2022

International cooperation on competition issues among agencies and governments can be great for consumers and companies alike, avoiding a host of inefficient and potentially conflicting outcomes.  But while cooperation in…

Cooperation on Digital Competition: From Cooperation to Enhanced Cooperation
 |  Oct 12, 2022

Cooperation agreements establishing the possibility of an exchange of information between competition authorities are in general based on two hypotheses. First, they assume that the cooperating competition authorities will independently…

Toward International Antitrust: Challenges And Opportunities
 |  Oct 12, 2022

Antitrust enforcement remains a concrete policy domestically, and an eccentricity internationally. Yet, global antitrust is imperative: International mergers, international cartels, and multinationals engaging with customers across borders prove the need…

Proposals for International Cooperation for Competition in Digital Markets
 |  Oct 12, 2022

Some countries have called for several years for international cooperation for competition in digital markets. Yet the declarations are political without concrete policy proposals on how to achieve cooperation. International…

Designing a Cooperation Framework for Regulating Competition in Digital Markets – Lessons from Transnational Merger Control
 |  Oct 12, 2022

Competition agencies should build on the existing and successful case-by-case cooperation framework used in assessing mergers that are notified in multiple jurisdictions and develop similar working practices when regulating competition…

International Co-Operation Fixing Problems in Digital Markets
 |  Oct 12, 2022

A new sense of urgency and purpose has enlivened our international conversations about digital platforms, stimulating unprecedented levels of co-operation between competition and consumer authorities globally. In addition to conducting…

Tackling the Winds of Change: Market Studies on Emerging Competition Issues
 |  Oct 3, 2022

By Patricia Bascunana-Ambros & Renato Ferrandi1   I. What Are “Emerging Competition Issues” Emerging competition issues (or risks to competition) can be described as scenarios in which certain new market…

National FRAND Rate-Setting Legislation: A Cure for International Jurisdictional Competition in Standards-Essential Patent Litigation?
 |  Jul 13, 2022

The willingness of national courts to set global FRAND royalty rates for patents that are essential to key industry standards has led to international jurisdictional conflicts, competing anti-suit injunctions and…

Global Merger Control and Foreign Direct Investment Considerations Associated with Cross-Border Transactions
 |  Jun 23, 2022

Recent developments regarding global competition enforcement and foreign direct investment, or FDI, review regimes have created uncertainty for cross-border transactions.  Specifically, global merger control authorities have become increasingly aggressive in…

Sustainability and Competition: How Competition Law Enforcement Needs to Be Overhauled to Achieve Sustainability Goals1
 |  Mar 20, 2022

By Roman Inderst2 & Stefan Thomas3   Austria and the Netherlands are two examples where since 2021 the goal of (ecological) sustainability has been enshrined in competition law or respective…

Due Process in Competition Law Enforcement

The New OECD Recommendation on Transparency and Procedural Fairness in Competition Law Enforcement
 |  Feb 15, 2022

By Despina Pachnou1   Competition law enforcement is part of a country’s overall law enforcement and is shaped by a country’s legal system, history, and culture. Some competition authorities follow…

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