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Antitrust Chronicle®

Antitrust Chronicle® – CRESSE Insights
 |  Dec 19, 2024

Letter from the Editor Dear Readers, This edition of the Chronicle brings together a collection of insightful articles exploring key developments in competition law and policy, with a particular focus…

Effective Interoperability in Mobile Ecosystems: EU Competition Law Versus Regulation
 |  Dec 19, 2024

Interoperability has frequently been highlighted as a key element of policy reform aimed at addressing concerns over competitive dynamics in digital markets. In mobile ecosystems, the smooth integration of interoperability…

The Use of Empirical Evidence in Antitrust: Trends, Challenges, and a Path Forward
 |  Dec 19, 2024

The use of economic models and simulations to provide empirical estimates is considered central to antitrust litigation, particularly in merger cases. Since the introduction of demand estimation and merger simulation…

Some Empirical Evidence on the Role of Presumptions and Evidentiary Standards on Antitrust (Under)Enforcement: Is the EC’s New Communication on Art.102 in the Right Direction?
 |  Dec 19, 2024

We provide evidence based on the database of DG COMP decisions of Katsoulacos & Makri (2024) from 1992 – 2021 that Effects-Based (“EB”) increases the rate of acquittals significantly in EC…

The EC’s Draft Guidelines on the Application of Article 102 TFEU: An Economic Perspective
 |  Dec 19, 2024

The European Commission’s Draft Guidelines on the application of Article 102 TFEU represent a disappointing shift from the effects-based approach of the 2008 Guidance Paper, reintroducing a form-based framework for…

Reforms and Trends in the Regulation of Digital Markets in Japan
 |  Dec 19, 2024

Japan has employed three tools of competition policy in the regulation of digital markets: 1) advocacy and soft-law, such as market study reports and guidelines, 2) a whole government approach…

Declining Trend in Leniency? Causes and Responses
 |  Dec 19, 2024

The paper discusses the decline in leniency applications and cartel decisions, a trend largely attributed by scholars to the rise in private enforcement. It offers a rather different perspective, showing…

Recent Developments in Cartel Enforcement
 |  Dec 19, 2024

Attention to cartel enforcement seems to have faded more towards the background in today’s public debate. This can have unintended adverse consequences. Reduced attention may lead to less vigilance from…

Remedies After Illumina/GRAIL– The Thorny Question of Proportionality
 |  Dec 17, 2024

The 2024 judgment from the European Court of Justice in the Illumina/GRAIL case provided a major clarification on the possibility for the European Commission (“EC”) to review transactions that fall…

Why Was Illumina/GRAIL Blocked in the EU? Reviewing The European Commission’s Assessment of Vertical Mergers in Light of the 2022 Prohibition Decision
 |  Dec 17, 2024

In Europe, the majority of discourse regarding Illumina/GRAIL has focused on the jurisdictional issues that played out before the European Commission and the European Court of Justice. The case’s substantive…

The Role of Uncertainty in the Future European Horizontal Merger Guidelines: Lessons Learned From Illumina/GRAIL
 |  Dec 17, 2024

The European Commission has demonstrated in recent cases in dynamic and innovative industries that it is willing to undertake competitive assessments well into the future and hence subject to significant…

Illumina’s Light on Article 22 EUMR: The Suspended Step and Uncertain Future of EU Merger Control Over Below-Threshold “Killer” Mergers
 |  Dec 17, 2024

Illumina/Grail marks a “critical juncture” in EU merger control. Breaking with the past, reliance on a centralized and predictable administrative system of ex ante merger control is no longer a…

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