Monday, April 25, 2011
Posted by D. Daniel Sokol
Paul Nihol (UC Louven) and Thomas Lübbig (Freshfields) ask The Next Big Question in Competition Law: How do we Treat Buyer Power?
ABSTRACT: significant number of antitrust issues have now been settled, with many practitioners and observers agreeing on how anticompetitive practices should be addressed around the globe. For instance, there is no discussion about the necessity to act severely against cartels. The rules on horizontal mergers have become similar, or demonstrate little difference, on both sides of the Atlantic. Some questions remain on resale price maintenance or the extent to which economics should be introduced in the analysis of dominance. But these issues, while not being minor, call for a refinement, not an overhaul, of current rules. This is probably the right moment for the next big question to emerge.