Journal of Antitrust Enforcement 

About: Journal of Antitrust Enforcement is an academic journal published by Oxford University Press. The journal publishes majorly in the area(s): Enforcement & Competition law. It has an ISSN identifier of 2050-0688. Over the lifetime, 184 publications have been published receiving 680 citations.

Is competition always good

Abstract: Competition is the backbone of US economic policy. Competition advocacy is also thriving internationally. Promoting competition is broadly accepted as the best available tool for promoting consumer well-being. Competition officials, who regularly try to protect the public from anticompetitive special interest legislation, are justifiably jaded about complaints of excess competition. Although the economic crisis has prompted some policymakers to reconsider basic assumptions, the virtues of competition are not among them. Nonetheless to effectively advocate competition, officials must understand when competition itself is the problem’s cause, not its cure. Market competition, while harming some participants, often benefits society. But does competition always benefit society? This is antitrust’s blind spot. After outlining the virtues of competition, and discussing some well-accepted exceptions to competition law, this article addresses four scenarios where competition yields suboptimal results.

Climate change, sustainability, and competition law

Abstract: Climate Change is an existential threat. Competition law must be part of the solution and not part of the problem. This article draws on the constitutional provisions of the EU treaties and remarks by leaders such as Commissioner Vestager to show how competition law need not stand in the way of urgent action and co-operation by the private sector to fight climate change. It also shows how sustainability is relevant to both the analysis of mergers and dominance cases. It is a call to update our thinking, our guidelines and, if necessary, our law. Based on EU law it contains ideas that could inspire changes in other jurisdictions.

Antitrust compliance programmes and optimal antitrust enforcement

Abstract: Should companies that have antitrust compliance programmes be granted a reduction in the amount of fines or even immunity from fines when they are found to have committed antitrust infringements? Should the absence of a compliance programme constitute an aggravating factor leading to higher fines for antitrust infringements? Should the adoption of a compliance programme be imposed as part of infringement decisions or settlements? These are the questions which this article examines, on the basis of an analysis of the nature of antitrust infringements, the rationale of company liability for antitrust infringements, and the possible positive and possible negative effects of compliance programmes.

Four key challenges to the successful criminalization of cartel laws

Abstract: This article draws on the UK’s decade long experience of adopting and enforcing a criminal cartel offence in relation to individuals. It identifies four key challenges to the successful criminalization of cartel laws. These related to: (i) the legitimacy of criminalization; (ii) problems associated with leniency; (iii) the cost of enforcement; and (iv) issues relating to international enforcement. The article concludes with a set of recommendations for jurisdictions in the process of criminalizing their cartel laws or reforming their existing cartel offences.