Papers by Okeoghene Odudu
World Competition
Whilst there is an increasing tendency to look exclusively to economics for solutions to the prob... more Whilst there is an increasing tendency to look exclusively to economics for solutions to the problems of antitrust, this paper defends the role of specific intent. In Barry Wright Corporation v. ITT Grinnell Corporation, Judge Stephen Breyer seemed to reject any role for specific intent in antitrust analysis, a sentiment reaffirmed by Judge Frank Easterbrook in A. A. Poultry Farms v. Rose Acre Farms. This paper argues that since economics fails to provide a determinative test for market power, the courts can and have used specific intent, as a non-economic market power test in applying § 1 of the Sherman Act. After explaining the rationale for using specific intent as a market power test and showing that it has been used as such by the courts, I argue that Judges Bryer and Easterbrook rejected only certain methods of determining specific intent, rather than the utility of the concept in antitrust.
Oxford Handbooks Online, 2015
JCMS: Journal of Common Market Studies, 2013
Competition law and public services: insights from the OFT report into higher education* Recent p... more Competition law and public services: insights from the OFT report into higher education* Recent public sector reforms have relied on choice and competition to increase the quality and quantity…
European Competition Law Review, 2002
Back to school for the OFT?* On 25 October 2012 the Office of Fair Trading announced that it had ... more Back to school for the OFT?* On 25 October 2012 the Office of Fair Trading announced that it had written to the head teachers of almost 30,000 State schools to draw attention to the high price…
This chapter explores the courts reaction to a co-contractor who fails to comply with the terms o... more This chapter explores the courts reaction to a co-contractor who fails to comply with the terms of that contract, but seeks to resist an action for breach of contract by claiming that to enforce the contract would be contrary to EU competition law - the Euro-defence. Reliance on Euro-defences has acquired and retains a distinct pejorative sense amongst judges in the English court. Using Shavell’s basic theory of litigation it is argued that the Euro-defence dilutes the incentive to comply with contracts and also creates a strong incentive for a party with valid contractual rights to settle unmeritorious claims. Using Calkins theory of courts react to litigation strategies it is argued that the judicial reaction has been first to increase the burdens faced by a party wishing to raise the Euro-defence and secondly to reduce the benefit to be had by successfully raising the Euro-defence. The chapter concludes by considering whether the defensive invocation of EU competition law remains...
An outbreak of COVID-19 pneumonia was detected in Wuhan, China and reported to the World Health O... more An outbreak of COVID-19 pneumonia was detected in Wuhan, China and reported to the World Health Organisation on 31 December 2019 and characterised as a pandemic on 11 March 2020. In the absence…
Common Market Law Review, 2014
Articles 101 and 102 TFEU apply to the activities of undertakings. An undertaking may comprise se... more Articles 101 and 102 TFEU apply to the activities of undertakings. An undertaking may comprise several natural or legal persons, together referred to as a "single economic entity." The grouping of several natural or legal persons into a single economic entity raises the questions of whether persons that form part of a single economic entity are able to enter into agreements amongst themselves that are contrary to Article 101; and also which of the constituent legal entities may be held liable for an infringement of EU competition law committed by the economic entity. In light of case law concerning these questions we offer a reconceptualization of the single economic entity doctrine and its role within competition law.
e-books: Vertical participation in hub and spoke agreements* The 10 July judgment in the American... more e-books: Vertical participation in hub and spoke agreements* The 10 July judgment in the American e-books case (US v Apple) addresses an important question not yet examined under European…
The purpose of this paper is to consider whether and when competition law is applicable to State-... more The purpose of this paper is to consider whether and when competition law is applicable to State-owned health-care providers operating within a scheme intended to provide universal coverage free at the point of delivery and funded by general taxation. Applying the principles developed by the Court of Justice to determine the scope of the competition rules it is clear that health-care providers of all types fall within the scope of the EU competition rules and that such entities have been treated as within the scope of the competition rules.
The Oxford Handbook of Comparative Health Law
This chapter discusses healthcare provision in the United States and European Union, setting out ... more This chapter discusses healthcare provision in the United States and European Union, setting out some of the challenges faced and solutions adopted when seeking to use antitrust law to address market power problems arising in systems of healthcare provision. In the United States, where market solutions have greatest acceptance, antitrust has played and continues to play an important role in setting boundaries regarding conduct that providers and payers may undertake. In European jurisdictions, despite the apparent absence of markets, antitrust has played a similar role on the provider side while leaving the payer side largely untouched. Thus, antitrust has been used to prevent the use or abuse of market power held by healthcare professionals, institutional healthcare providers, or a combination of the two groups, to ensure that such agreements are in the interests of healthcare service users rather than the professionals or providers themselves. Where antitrust has struggled in Euro...
Trust, Distrust and Economic Integration, 2012
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Papers by Okeoghene Odudu