| 1 | Competition regime: Article 102 This Practice note considers the scope and application of Article 102 of the Treaty on the Functioning of the European Union, which seeks to control the abuse of a dominant position in a market. It defines the elements of dominance, relevant market and abuse, considering examples of European Commission and Court practice in this area. | Practice notes | Maintained |
| 2 | Competition regime: Chapter II prohibition This Practice note considers the scope and application of Chapter II of the Competition Act 1998, which seeks to control the abuse of a dominant position in a market. It defines the elements of dominance, relevant market and abuse, drawing upon examples of UK and EU competition law practice. In March 2012 the government announced its decision on proposals to reform the UK competition regime. The government decided to establish a new single Competition and Markets Authority to replace the OFT and Competition Commission. The government also decided on various, largely procedural, changes to strengthen the mergers, markets and antitrust enforcement regimes. For further information see Government decisions on establishment of Competition and Markets Authority and reform of UK competition regime. These changes will be implemented by the Enterprise and Regulatory Reform Act 2013 (see Enterprise and Regulatory Reform Bill 2012 -13: competition tracker). | Practice notes | Maintained |
| 3 | Competition regime: Market investigations under the ... This Practice note explains the scope and application of the market investigation provisions of the Enterprise Act 2002. In March 2012 the government announced its decision on proposals to reform the UK competition regime. The government decided to establish a new single Competition and Markets Authority to replace the OFT and Competition Commission. The government also decided on various, largely procedural, changes to strengthen the mergers, markets and antitrust enforcement regimes. For further information see Government decisions on establishment of Competition and Markets Authority and reform of UK competition regime. These changes will be implemented by the Enterprise and Regulatory Reform Act 2013 (see Enterprise and Regulatory Reform Bill 2012 -13: competition tracker). | Practice notes | Maintained |
| 4 | Customer Loyalty Programs in the US This Practice Note surveys the relevant US antitrust law and discusses current issues surrounding its application to customer loyalty programs including bundling, rebates or exclusive dealing arrangements. | Practice notes | Maintained |
| 5 | Developing European law on the abuse of dominant positions A discussion of the two concepts of dominance and abuse prohibited by Article 86 of the EC treaty in the light of recent developments. | Practice note: overview | Maintained |
| 6 | EU competition law: overview The overview provides a route-map guide to the EU competition law regime. It outlines the key legal, procedural and practical aspects likely to be encountered when confronting a competition law problem. You should read this at the start of any transaction or specific research, to give you a broad overview of the main points that are likely to arise. | Practice note: overview | Maintained |
| 7 | Exclusive Dealing Arrangements This Practice Note covers exclusive dealing arrangements between manufacturers or suppliers and distributors, retailers and end users. It discusses the applicability of Sections 1 and 2 of the Sherman Act, Section 3 of the Clayton Act and Section 5 of the FTC Act to exclusive dealing. This Note also discusses partial exclusive dealing arrangements and offers counseling tips on exclusive dealing. | Practice notes | Maintained |
| 8 | Most Favored Nation Clauses This Practice Note surveys the relevant antitrust statutes and recent enforcement actions involving most favored nation clauses (MFNs). It also offers practical tips for counsel analyzing an MFN under the antitrust laws. | Practice notes | Maintained |
| 9 | Patent and Technological Tying in the US This Practice Note provides a brief overview of the US antitrust law relating to tying practices, with a particular emphasis on patent and technological tying arrangements and recent developments in these areas. | Practice notes | Maintained |
| 10 | Section 2 of the Sherman Act: Overview This Note provides an overview of federal antitrust law regarding monopoly conduct. In particular, this Note discusses the offenses under Section 2 of the Sherman Act, including monopolization, attempted monopolization and conspiracy to monopolize. | Practice note: overview | Maintained |
| 11 | US Antitrust Laws: Overview This Practice Note provides an overview and introduction to the main statutory provisions in the US, the US antitrust regulatory structure, the role of private antitrust enforcement and certain key concepts relevant to the application of US antitrust law. Antitrust analysis is highly fact specific and, while providing a useful starting point, the principles outlined in this Note are necessarily general in nature and do not address any of the subject matters discussed in detail. | Practice note: overview | Maintained |