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Vertical Agreements and Market Leverage

Antitrust Chronicle® – Vertical Agreements
 |  Sep 30, 2022

Dear Readers, This edition of the Chronicle looks at recent developments in the antitrust analysis of vertical agreements in jurisdictions around the world. It is accepted in most jurisdictions that …

The New EU and UK Vertical Regimes: Improvements, Divergences, and Missed Opportunities?
 |  Sep 30, 2022

In 2022 both the EU and the UK overhauled their regimes governing vertical agreements following the expiry of Regulation 330/2010, which had block exempted many vertical agreements from both Article…

The New European Vertical Block Exemption: Unanswered Questions for Online Distributors and Platforms
 |  Sep 30, 2022

On June 1, 2022, the European Commission’s new Vertical Block Exemption Regulation (“VBER”) and its accompanying guidelines (the “Guidelines”) came into force.  The VBER provides a safe harbor for vertical…

Antitrust Chronicle® – Intermediaries
 |  Jun 29, 2022

Dear Readers, In antitrust policy discourse (particularly, but not exclusively, concerning the digital economy), there is often a background assumption that intermediaries impose a consumer and societal cost. Thus, the…

Antitrust Policy toward Intermediaries: Digital Platforms and “Big Tech”
 |  Jun 29, 2022

This article considers U.S. and EU antitrust policies regarding intermediaries with digital platforms. The article examines antitrust concerns about “Big Tech.” The discussion emphasizes the need to apply advances in…

What Have the Intermediaries Ever Done for Us?
 |  Jun 29, 2022

Intermediaries may not be the consumer welfare hero we want, but more often than not, they are one that we need. Policymakers often assume that intermediaries and centralization serve as…

PBMs: The Middlemen Who Drive up Drug Costs
 |  May 31, 2022

Ensuring effective competition in healthcare markets is a critical priority for antitrust enforcers.  Traditionally enforcement has focused on manufacturers and providers but far too little attention has been given to…

No-Poach Agreements: Purchasing Power Type, Explicit v. Tacit Collusion, and Lessons From Sellers’ Cartels
 |  May 11, 2022

From near obscurity just over a decade ago, no-poach agreements are now in the crosshairs of several competition authorities worldwide, including the U.S. and EU.  No-poach agreements are a type…

Antitrust Chronicle® – Supply Chains
 |  Apr 27, 2022

Dear Readers, Until recently, global supply chain issues have not typically penetrated the popular consciousness. This has changed in recent years and months. Remarkably, supply chains and logistics have become…

Antitrust and Competition Law in Global Supply Chains: Recent Developments and Best Practices
 |  Apr 27, 2022

Significant supply chain disruptions have become prevalent in the context of the COVID-19 pandemic and, more recently, ongoing political conflict. These disruptions involve important and interconnected national and global industries,…

Insights from Marketing and Supply Chain Management: Implications for Competition policy and Antirust Law
 |  Apr 27, 2022

Many areas of competition policy and law intersect supply chain management. Describing recent developments in supply chains and supply chain management, the authors examine their implications for competition policy and…

Antitrust and the Infinite, Circular Supply Chain
 |  Apr 27, 2022

Supply chains are fundamental to antitrust because no firm can exclude competitors without denying them access to inputs. But this does not mean that antitrust policy can reduce inflation caused…

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