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The elusive test for unfair excessive pricing under EU law: revisiting United Brands in the light of Competition and Markets Authority v Flynn Pharma Ltd (2020)
Journal Article
Stirling, G. (in press). The elusive test for unfair excessive pricing under EU law: revisiting United Brands in the light of Competition and Markets Authority v Flynn Pharma Ltd. European Competition Journal, https://doi.org/10.1080/17441056.2020.1771007

The European Commission has historically proved relatively reluctant to intervene in the areaof excessive pricing. This is probably partly because the test outlined in United Brands v Commission remainsunclearin variousrespects.In a recent d... Read More about The elusive test for unfair excessive pricing under EU law: revisiting United Brands in the light of Competition and Markets Authority v Flynn Pharma Ltd.

The Evidential Value of National Regulatory Infringement Decisions for the Purposes of Private Damages Actions: Trying to Establish what Really Does "Follow-on" (2019)
Journal Article
Stirling, G. (2019). The Evidential Value of National Regulatory Infringement Decisions for the Purposes of Private Damages Actions: Trying to Establish what Really Does "Follow-on". Global Competition Litigation Review, 12(4), 168-178

This article considers issues around the evidential value of final infringement decisions of national regulators and review courts for the purposes of follow-on damages actions, particularly in the context of Article 9(1) of the EU’s Antitrust Damage... Read More about The Evidential Value of National Regulatory Infringement Decisions for the Purposes of Private Damages Actions: Trying to Establish what Really Does "Follow-on".

It's a conspiracy! Or is it? The difficulty with the economic torts as 'alternative' causes of action for competition law damages actions in UK courts (2016)
Journal Article
Stirling, G. (2017). It's a conspiracy! Or is it? The difficulty with the economic torts as 'alternative' causes of action for competition law damages actions in UK courts. Journal of European Competition Law and Practice, 8(4), 233-241. https://doi.org/10.1093/jeclap/lpw085

• Damages actions brought in UK courts under either EU or UK competition law generally invoke breach of statutory duty as the cause of action. • Attempts have been made by claimants in recent years, however, to use the economic torts of conspiracy by... Read More about It's a conspiracy! Or is it? The difficulty with the economic torts as 'alternative' causes of action for competition law damages actions in UK courts.


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