Ex-post and ex-ante rules

The competition rules are commonly referred to as an ex-post instrument; regulation is frequently referred to as ex-ante. The public consultations on the proposed New Competition Tool and the Ex Ante Regulation that are part of the Digital Services discussions both...

Access and Interoperability and Antitrust

Many of you will have seen a lecture I’ve given on several occasions since around 2011 when I discuss antitrust issues around interoperability. My basic concern is that the competition rules – and I’m thinking in particular of the EU’s 2004...

The problem(s) of tech markets

There is a popular perception that competition law – and competition economics – has failed to keep up with technology markets. I don’t want to comment on whether I think that’s true but I do want to set out briefly what some of the problems...