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Dominance, abused?

How dominant firms keep rivals out, and how the law answers. 17 publications, from 2017 to 2026.

All 17 publications

Newest first

2026

  1. The Law and Economics of Superior Bargaining Power

    Giuseppe Colangelo

    The abuse of economic dependence has attracted renewed attention, largely as a result of the growing policy focus on fairness in digital markets.

2025

  1. The Enigmas of Monopoly Power

    Herbert Hovenkamp

    Market power can be assessed in antitrust cases by two methods often described as “alternatives”. For unilateral conduct, however, they are inconsistent.

  2. AI, Data, And Leveraging Strategies: Implications For Antitrust

    Erik Hovenkamp

    In product markets that rely heavily on artificial intelligence (AI), firms both use data and generate data. For a multiproduct firm, the data generated by one product will often have spillover benefits on the firm’s other…

2024

  1. Antitrust and Digital Refusals to Deal

    Herbert Hovenkamp

    Early in 2024 the United States Department of Justice accused Apple of monopolizing a market for “performance smartphones” by refusing to share features that have placed the iPhone in the performance category.

  2. “J’accuse!” – Four Deadly Sins of the Commission’s Draft Guidelines on Exclusionary Abuses

    Makis Komninos

    Just as we were ready to go on our summer holidays, or even after some of us had already left, the Commission published its draft Guidelines on exclusionary abuses (you can find them here in all official languages).

  3. The Multi-Purpose Approach and Article 102 TFEU

    Mariateresa Maggiolino

    The increasing economic and social inequalities in Western countries, the emergence of digital ecosystems, and the challenges of climate change have brought to the forefront issues such as equitable wealth distribution, personal…

2023

  1. Platforms’ Treacherous Turn

    Friso Bostoen and Nicolas Petit

    The ‘open early, closed late’ strategy is taking a heavy toll on consumers in the digital economy. The pure case of ‘open early, closed late’ occurs when a digital platform imposes prices after a period of free and unlimited…

2022

  1. Four Bad Reasons to Bring Criminal Monopolization Cases

    Daniel Crane

    The leadership of the U.S. Justice Department Antitrust Division has made waves in recent months by publicly stating an interest in reviving the long-discarded practice of bringing criminal cases under Section 2 of the Sherman…

  2. Blockchain and monopolization

    Thibault Schrepel

    I am delighted to publish a 15-video series dedicated to my book, “Blockchain + Antitrust: The Decentralization formula”. You can access all the chapters over here, and all the video transcripts over here.

2021

  1. Acquisitions of Nascent Competitors under Section 2 of the Sherman Act

    A. Douglas Melamed

    The Federal Trade Commission’s case against Facebook is potentially very important, not just for Facebook, but also for antitrust law. The Commission alleges that Facebook unlawfully maintained its social network monopoly in…

2020

  1. Rethinking Foreclosure Analysis in Antitrust Law: From Standard Stations to Google

    Joshua D. Wright and Alexander Krzepicki

    Foreclosure is a prominent concept in the antitrust laws and across economics. In the world of exclusionary conduct—whether an American-style monopolization claim or the European abuse-of-dominance variant—foreclosure is the…

  2. Digital Markets and the Incipiency Attitude in EU Antitrust Law

    Nicolas Petit

    A persistent attitude in European Union (“EU”) antitrust law is to prefer to address market power failures that are hard to diagnose ex-post with ex-ante rules and institutions.

  3. The subject of “predatory innovation” in the Google hearing (T-621/17)

    Thibault Schrepel

    It all started on Wednesday, February 12, 2020. ALL? The (first) Google hearing, of course. It has been a long wait, but hopefully worth it.

2019

  1. Repeal Continental Can

    Thibault Schrepel

    In a world in which competition agencies would always rely on empirical evidence, I would be teaching the following to my students: when agencies investigate potential abuses of dominant positions, they are required to show (1) a…

2018

  1. A new test to eradicate predatory innovation (and non-price strategies)

    Thibault Schrepel

    In this paper, I explain how to improve the very famous “no economic sense test” in order to deal with predatory innovation and other practices unrelated to price.

2017

  1. Predatory Innovation: what it is + which rules to catch it

    Thibault Schrepel

    Predatory innovation had been my Ph.D. topic and here is the first article explaining in such details WHAT IS PREDATORY INNOVATION and which practices should be condemned as such.

  2. Google v. European Commission (June 27, 2017): the first 10 lessons

    Thibault Schrepel

    June 27, 2017, will be remembered in the world of antitrust. The European Commission has just fined Google €2.42 billion for abusing dominance as search engine by giving illegal advantage to own comparison shopping service (link…

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