Commentary Elsewhere: from writers around the web. Please note the explanation of this section on the “About the Site” page. From Antitrust & Competition Policy Blog: How Can Software Interoperability Be Achieved Under European Competition Law and Related Regimes? “Inge Graef, Research Foundation – Flanders (FWO), asks How Can Software Interoperability Be Achieved Under European Competition Law and Related Regimes? ABSTRACT: While software interoperability can be achieved under European competition law, there may be a need for more structural…”
Commentary Elsewhere: from writers around the web. Please note the explanation of this section on the “About the Site” page. From Antitrust & Competition Policy Blog: Resolving Conflicts between Competition and Other Values: The Roles of Courts and Other Institutions in the U.S. and the E.U. “Douglas H. Ginsburg, George Mason University School of Law and Daniel E. Haar, Antitrust Division, U.S. Department of Justice discuss Resolving Conflicts between Competition and Other Values: The Roles of Courts and Other Institutions in the U.S. and the E.U….”
Commentary Elsewhere: from writers around the web. Please note the explanation of this section on the “About the Site” page. From Antitrust & Competition Policy Blog: TOWARD A EUROPEAN DIRECTIVE ON DAMAGES ACTIONS “Frank P. Maier-Rigaud, Department of Economics & Quantitative Methods, IÉSEG School of Management (LEM-CNRS); NERA Economic Consulting ponders TOWARD A EUROPEAN DIRECTIVE ON DAMAGES ACTIONS. ABSTRACT: This article critically reviews the European Commission’s proposed directive on future rules concerning actions…”
A post in another place about Areeda’s article on essential facilities – “an epithet in need of limiting principles” – reminded me that limiting principles are not only needed to decrease the risks of over-enforcement. Areeda’s legitimate concern about nuance being lost in the application of precedent applies also to precedents which limit liability. They are relevant to under-enforcement as well. From hard cases to bad law Areeda wrote: “As with most instances of judging by catch-phrase, the law evolves in three stages: (1) An extreme case arises to which a court responds. (2) The language of the response is then applied -often mechanically, sometimes cleverly- to expand the application. With too few judges experienced enough with the subject to […]