‘Anticompetitive Injunctions in Competition Law’
October 17, 2014 Leave a comment
It’s back to the future for this week’s CCP seminar as we welcome the return of CCP alumna Sebastian Peyer (University of Leicester). Seb completed his PhD at the UEA Law School in 2010 and also worked as a Post Doctorate Research Fellow at the CCP. Seb will be presenting one of his latest research topics, ‘Anticompetitive Injunctions in Competition Law‘. An abstract for his presentation can be found below.
Claimants frequently use injunctions to enforce competition law in the courts of the Member States. Injunctions force the defendant to do or stop doing something, and they are powerful tools in the hands of claimants that seek access to infrastructure, wish to be supplied with a particular input or feel unfairly treated. This raises the question whether injunctions based on competition law can be used to achieve anticompetitive outcomes. In this paper, I will describe potential strategies and factors that can be used to identify anticompetitive injunction claims. These factors are used to analyse antitrust litigation in Germany and England. I will demonstrate that in some instances injunction claims have a higher risk of leading to anticompetitive outcomes, and I will discuss potential safeguards to filter out potentially anticompetitive injunctions.
The seminar will take place on Friday 17th October from 13:00-14:00 in the Thomas Paine Study Centre, Room 1.03.