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See detailMarket Power in the Credit Rating Industry: State of Play and Proposal for Reforms
Candelon, Bertrand; Gautier, Axel ULg; Petit, Nicolas ULg

in CPI Antitrust Chronicle (2014), 2

In recent years, the Credit Rating Agencies (“CRAs”) have been in the eye of the storm. Some argue that CRA rating errors—symptomatized by rating inflation or deflation—originate in excessive competition ... [more ▼]

In recent years, the Credit Rating Agencies (“CRAs”) have been in the eye of the storm. Some argue that CRA rating errors—symptomatized by rating inflation or deflation—originate in excessive competition. This paper argues that the low level of competition in credit rating is a better explanation for rating this phenomenon. [less ▲]

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See detailThe Oligopoly Problem in EU Competition Law
Petit, Nicolas ULg

in GERADIN, D.; LIANNOS, I. (Eds.) Research Handbook in European Competition Law (2013)

This paper offers a complete overview of the oligopoly problem in competition law and economics, with a specific focus on European Union (EU) law. A related purpose of the paper is to challenge the ... [more ▼]

This paper offers a complete overview of the oligopoly problem in competition law and economics, with a specific focus on European Union (EU) law. A related purpose of the paper is to challenge the dominant view that merger control is the ultimate preventive remedy against tacit collusion. On close analysis, the merger-only enforcement paradigm against tacit collusion generates a systemic risk of type II errors. Part of this enforcement gap may, however, be alleviated through a more muscular enforcement of the rules on coordinated conduct (i.e. Article 101 TFEU) and on unilateral conduct (i.e. Article 102 TFEU). In this later respect, the paper formulates a possible theory of harm that would entitle agencies and courts to apply Article 102 TFEU to specific types of conduct by oligopolists. The concept of abuse of collective dominance may in particular be applied to the artificial tactics which oligopolists adopt to protect an observed collusive equilibrium from the natural, disruptive effect caused by an external shock (entry, natural disaster, change in tax rate, etc.). In this sense, the paper is different from other scholarly proposals that recommend applying rules on unilateral conduct to excessive oligopoly prices and/or facilitating practices. [less ▲]

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See detailOf conflicts of interests in EU competition proceedings
Petit, Nicolas ULg

in European Competition Law Review (2013), 34(6), 338-339

The debate over the compatibility of EU competition enforcement with art.6 ECHR is far from over. Whilst there have been a great—some would say excessive—deal of papers on due process issues, less, or ... [more ▼]

The debate over the compatibility of EU competition enforcement with art.6 ECHR is far from over. Whilst there have been a great—some would say excessive—deal of papers on due process issues, less, or even no attention has been paid to the rules and remedies that govern conflicts of interests amongst lawyers, civil servants, legal secretaries and Members of the Court. This short paper seeks to open the discussion on this issue. [less ▲]

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See detailThe Future of the Court of Justice in EU Competition Law - New Role and Responsibilities
Petit, Nicolas ULg

in , in Court of Justice of the EU (Ed.), The Court of Justice and the Construction of Europe: Analyses and Perspectives on Sixty Years of Case-law (2013)

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See detailEthique et conflits d'intérêts en droit européen de la concurrence
Petit, Nicolas ULg

in Concurrences : Revue des Droits de la Concurrence (2013), (1),

The debate over the compatibility of EU competition enforcement with Article 6 ECHR is far from over. Whilst there has been a great - some would say excessive - deal of papers on due process issues, less ... [more ▼]

The debate over the compatibility of EU competition enforcement with Article 6 ECHR is far from over. Whilst there has been a great - some would say excessive - deal of papers on due process issues, less, if none attention has been paid to the rules and remedies that govern conflicts of interests amongst lawyers, civil servants, legal secretaries and Members of the Court. This short paper seeks to open the discussion on this issue. [less ▲]

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See detailMicrosoft Corp. contre Commission T-167/08, 27 juin 2012
Petit, Nicolas ULg

Scientific conference (2012, November 29)

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See detailNEW CHALLENGES FOR 21ST CENTURY COMPETITION AUTHORITIES
Petit, Nicolas ULg

E-print/Working paper (2012)

This paper discusses challenges for competition authorities in the 21st century. Those challenges were identified on the basis of a statistical review of the articles published since January 2011 in five ... [more ▼]

This paper discusses challenges for competition authorities in the 21st century. Those challenges were identified on the basis of a statistical review of the articles published since January 2011 in five major antitrust law journals. The assumption underlying this literature review is that the topics that statistically attract the most the attention from contemporary antitrust scholars are those that will likely constitute the main challenges for 21st century competition authorities. [less ▲]

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See detailAims and Values in EU Competition Law
Petit, Nicolas ULg

Scientific conference (2012, September 20)

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See detailL'Europe change nos vies
Petit, Nicolas ULg

Article for general public (2012)

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See detailEurope's antitrust chief urges Google to settle allegations
Petit, Nicolas ULg

Article for general public (2012)

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See detailEurope weighs Antitrust Case aigainst Google, urging search changes
Petit, Nicolas ULg

Article for general public (2012)

Google may have abused its dominant position in Internet search by promoting its own businesses at the expense of competitors, the European Commission said. It warned the company to propose chnages 'in a ... [more ▼]

Google may have abused its dominant position in Internet search by promoting its own businesses at the expense of competitors, the European Commission said. It warned the company to propose chnages 'in a matter of weeks" to its method of answering user search queries, or possibly face antitrust lawsuit. [less ▲]

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See detailChange of Tone could help Google in European Antitrust Case
Petit, Nicolas ULg

Article for general public (2012)

For the past two years, Google has worked hard to avoid facing formal antitrust charges in Europe that could mean years of expensive litigation and encourage the authorities in other parts of the world to ... [more ▼]

For the past two years, Google has worked hard to avoid facing formal antitrust charges in Europe that could mean years of expensive litigation and encourage the authorities in other parts of the world to take comparable actions. Time is running out. The European Commission could bring charges against the U.S. company for abusing its dominance in the search and advertising market in the next few weeks. [less ▲]

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See detailUS Antitrust Move has Google fighting on Two Fronts
Petit, Nicolas ULg

Article for general public (2012)

Google may soon be fighting antitrust battle on two fronts. The European Commission has been looking for two years into wether the search giant abused local competition law. Now the Federal Trade ... [more ▼]

Google may soon be fighting antitrust battle on two fronts. The European Commission has been looking for two years into wether the search giant abused local competition law. Now the Federal Trade Commission is starting its own antitrust inquiry. [less ▲]

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See detailChronique - Cour de Justice et Tribunal de l'Union européenne - Concurrence
Petit, Nicolas ULg; Lousberg, Charlotte ULg

in Journal du Droit International - Clunet (2012), (2), 747-759

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See detailA Quick Look into the past, present and future of competition Enforcement in the Pharmaceutical Sector
Petit, Nicolas ULg

Conference given outside the academic context (2012)

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See detailBudget : Après la rigueur douce, la concurrence dure?
Petit, Nicolas ULg

Article for general public (2012)

L’un des maux endémiques de l’économie belge tient aux pressions concurrentielles insuffisantes sur de nombreux marchés de produits. Faute d’un cadre de surveillance effectif, les prix des biens et ... [more ▼]

L’un des maux endémiques de l’économie belge tient aux pressions concurrentielles insuffisantes sur de nombreux marchés de produits. Faute d’un cadre de surveillance effectif, les prix des biens et services demeurent – comme le décrivent maintes études – plus élevés que dans d'autres États membres, et ce spécialement dans le secteur de la vente au détail et dans les industries de réseaux (énergie, télécommunications, transport ferroviaire, etc.). [less ▲]

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See detailIndustrial Policy and Competition Enforcement: Is There, Could There and Should There Be a Nexus?
Petit, Nicolas ULg; Neyrinck, Norman ULg

Conference (2012)

This paper muses on whether there can be, there is, and there should exist a nexus between European Union (“EU”) competition law and industrial policy. A well-known, long lasting grievance in the history ... [more ▼]

This paper muses on whether there can be, there is, and there should exist a nexus between European Union (“EU”) competition law and industrial policy. A well-known, long lasting grievance in the history of EU competition law is indeed that the European Commission (“the Commission”) has allegedly enforced the competition rules dogmatically, and turned a blind eye on industrial policy considerations. Lately, this policy debate has revived. With the current economic debacle in the Western world, decades of free-market economic policies – including competition policies – inherited from the so-called “Washington consensus” are called into question. In contrast, thriving economic models like Brazil, China, or India where the State interferes with the market at the expense of free competition, are increasingly looked by the “old world” as a possible source of inspiration. Those new developments justify devoting another paper to the question whether industrial policy considerations could and should inform EU competition enforcement. To address it, we follow a four steps methodology. We first solve definitional issues by describing the various possible meanings of “industrial policy” (I). Second, we follow a legalistic approach to review whether such considerations can, as a matter of positive law, play a role (II). Third, we turn to empirical analysis, to examine if there has been some industrial policy influence in the Commission’s case-law (III). Fourth, we review consequentialist arguments to assess whether industrial policy considerations should play a stronger role in EU competition enforcement (IV). [less ▲]

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See detailEU Competition Law and Economics
Petit, Nicolas ULg; Geradin, Damien; Layne-Farrar, Anne

Book published by Oxford University Press (2012)

Detailed reference viewed: 39 (6 ULg)
See detailConceptual Foundations and Practical Framework in Vertical Restraints And Distribution Agreements Under EU Competition Law
Petit, Nicolas ULg

in Petit, Nicolas; Gheur, Charles (Eds.) Vertical Restraints and Distribution Agreements under EU Competition Law (2012)

This book is about the European rules governing distribution agreements, adopted in April 2010. Providing an exhaustive analysis of both EU regulation 330/2010 and the guidelines on vertical restraints ... [more ▼]

This book is about the European rules governing distribution agreements, adopted in April 2010. Providing an exhaustive analysis of both EU regulation 330/2010 and the guidelines on vertical restraints, it also contains valuable contributions by eminent lawyers and economists. [less ▲]

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See detailExcessive Pricing: The Flaws of ‘Tea Party Competition’ Policy
Petit, Nicolas ULg

in Journal of European Competition Law and Practice (2011), 2(6), 519-520

Since the adoption of the Guidance Communication in 2009, the Commission has kept exploitative abuses— and in particular excessive pricing cases—in a state of artificial hibernation, and focused on ... [more ▼]

Since the adoption of the Guidance Communication in 2009, the Commission has kept exploitative abuses— and in particular excessive pricing cases—in a state of artificial hibernation, and focused on exclusionary cases as a matter of enforcement priority. The Commission’s small antitrust policy against exploitative abuses is predicated on ‘Tea Party’ competition economics: in the long term, high prices are presumed to deliver efficient outcomes, and competition enforcers risk doing more harm than good in trying to improve market outcomes [less ▲]

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