Publications

Writings and Speeches

• “Maintaining Trade Secrecy”, Georgia Law Review, 1970; reprinted, Patent Law Review, 1970
• “The German Legal System”, 1971, pamphlet, Rothman (co-author)
• “Jurisdiction of National and Community bodies in competition matters after SABAM”, Common Market Law Review, 1974
• “The German Civil Code, a translation and introduction”, 1975, followed by “The German Commercial Code”, 1979, “The German Marriage Law”, 1976, North Holland/Kluwer/Fred Rothman, (co-author)
• “Distribution and Agency Agreements in EEC Competition Law”, Revue Suisse du Droit International de la Concurrence, 1978, and Journal of the Law Society of Scotland, 1978
• “EEC Customs Law: Rules of Origin and Preferential Duty Treatment”, European Law Review, 1980 View pdf
• EEC Section in A Lawyer’s Guide to International Business Developments, edited by W. Surrey, Philadelphia, 1980 (co-author)
• “Developments in EEC Competition Law”, chapter on decisions of the EC Commission and judgments of the European Courts in the field of competition in the “Yearbook of European Law”; annual survey (1981-1996); biennial survey (1997 to date); Clarendon Press-Oxford (22 chapters to date) (co-author)
• “Legal Professional Privilege: Limitations on the Commission’s Powers of Inspection following the AM & S Judgment”, Common Market Law Review, 1983
• “The Laicization of Community law: self help and the rule of reason: how competition law is and could be applied”, Common Market Law Review, 1984; Fordham Corporate Law Institute, Matthew Bender & Company Inc., New York, 1984 (co-author). Reprinted in EC Competition Law Reform, Fordham Corporate Law Institute, Juris Publishing, Inc., Huntington, NY, 2003 View pdf
• “EEC Competition Law on Agency” in A Survey of Commercial Agency, edited by H. Lidgard, Sacramento, 1984
• Chapter on “Distribution” in International Anti-trust Law, Vol II, edited by Julian Maitland-Walker, ESC Publishing Limited, 1984
• Recent Developments in EEC Trade Law” in Legal Aspects of International Business Transactions II, edited by D. Campbell and C. Rohwer, North-Holland, 1985 (co-author)
• “EEC Trade Law and the United States”, Fordham Corporate Law Institute, Matthew Bender & Company Inc., New York, 1987
• “Software Licensing in the Light of Current EC Competition Law Considerations”, European Competition Law Review, 1992
• “Le rôle des avocats dans ce domaine: le lobbying” in Union des Avocats Européens Conference Papers : Le Rôle du Parlement Européen pour la Défense des droits des opérateurs Economiques et citoyens communautaires, 1993
• “The End of Innocence” in Rules of Origin in International Trade: A Comparative Study, edited by Edwin Vermulst, Paul Waer & Jacques Bourgeois, University of Michigan Press, 1994 View pdf
• “Opening the Procedure and its Effects: Notification of Complaints – the Statement of Objections” in Droits de la défense et droits de la Commission dans le droit communautaire de la concurrence / Rights of defence and rights of the European Commission in EC Competition Law, Bruylant, Bruxelles, 1994
• “EC Intellectual Property Law and the Single Market” (co-author) in The Regulatory Affairs Journal, Vol 5, No 7, July 1994
• “Sports and the EC” in Sports Law & Finance, IBC Legal Studies Publishing Ltd., Vol 2, Issue 3, September/October 1994
• “Competition Structures for the 21st Century”, Fordham Corporate Law Institute, Matthew Bender & Company Inc., New York, 1994
• “Le Lobbying” in L’entreprise dans le marché unique européen, Travaux de la CEDECE, La Documentation française, Paris, 1995
• “European Law and its implications for football”, paper presented to the Scottish Council for Civil Liberties and the Scottish Trades Union Congress Conference on “Football, the Law and Civil Liberties”, Glasgow, March 1996 (unpublished)
• “The Role of the Lawyer” in Robert Schuman Centre Annual Conference on European Competition Law 1996, Kluwer Law International, 1997 View pdf
• “Pharmaceuticals: Test Bed for European Themes on Trademarks & Free Movement of Goods”, paper presented at the Fifth Annual Conference on International Intellectual Property Law and Policy at Fordham University School of Law, April 1997, Fordham Intellectual Property, Media & Entertainment Law Journal, Volume VIII, Autumn 1997, Number 1 (co-author)
• Chapters on “Costs, Legal Aid, Discontinuance, Service, Time Limits and Stay of Proceedings” in European Courts Practice and Precedents, Sweet & Maxwell, London, 1997 (co-author)
• Chapter on “Community Customs Law” in Practitioners Handbook of EC Law, Bar European Group/Trenton Publishing/Bar Council, 1998 (co-author)
• “Current Goals of EC Competition Law”, in European Competition Law Annual 1997: Objectives of Competition Policy , Hart Publishing, Oxford, 1998
• “Regulating Deregulation: Achieving and safeguarding conditions for fair and efficient competition in the telecommunications industry: to whom should the task be entrusted?”, in European Competition Law Annual 1998: Regulating Communications Markets, Hart Publishing, Oxford-Portland Oregon, 2000
• “Modernisation of EC Competition Law”, paper presented at the 26th Annual Conference on International Antitrust Law & Policy, Fordham Corporate Law Institute, October 1999, Fordham Corporate Law Institute 2000, Juris Publishing, Inc., New York, 2000; Fordham International Law Journal, Volume 23, April 2000, Number 4); reprinted in EC Competition Law Reform, Fordham Corporate Law Institute, Juris Publishing, Inc., Huntington, NY, 2003
• “The role of comparative law in the development of European law”, paper on Intellectual Property aspects presented at the Swiss Institute of Comparative Law colloquium, April 2000 (Publications de l’Institut suisse de droit comparé, Volume 43, Schultheiss Zürich 2002) View pdf
• “The Repackaging of Trademarked Pharmaceuticals in Europe: Recent Developments”, paper presented at the Eighth Annual Conference on International Intellectual Property Law and Policy at Fordham University School of Law, April 2000, 2000 European Intellectual Property Review, Issue 11, p. 512
• “The Modernisation of EC Antitrust Policy: Compatibility, Efficiency, Legal Security”, European Competition Law Annual 2000: The Modernisation of EC Antitrust Policy, Hart Publishing, 2001 View pdf
• “The EU and Japan: Priorities and Prospects for the Coming Decade”, published in Japanese in JMC Journal, February 2001
• “The Reform of the Implementation of Articles 81 and 82 Following Publication of the Draft Regulation”, in Legal Issues of Economic Integration 28(2), 173-194, 2001
• Chapter on “The European Law Background”, in European Employment Law and the U.K., Sweet & Maxwell, London, 2001 (co-author)
• “Diversity and Consistency: Can They Cohabit?”, European Competition Law Annual 2002: Constructing the EU Network of Competition Authorities? Hart Publishing, 2004
• “Compulsory licensing of intellectual property rights in Europe: a rare cure to aberrant intellectual property rights”, paper presented at the US Department of Justice/Federal Trade Commission Hearings on Competition and Intellectual Property Law and Policy in the Knowledge-Based Economy: Comparative Law Topics, May 22, 2002. Published in October 2002 in the web edition of ‘English in the Chinese International Business Daily’. Published in Chinese in 2003 in ‘The Forum of Politics and Law’.) (Published in Japanese in two parts in the CIPIC Journal, Vol 134 (2003/3) and Vol 136 (2003/5), under the title “Yohroppa niokeru kyousei raisensingu mondai nituite: ikinaikoku no ijyoutomoieru chitekizaisanken no enyou o naosu ryouyaku to naruka”.)
• “Trademark Exhaustion in Europe”, published in Japanese in the CIPIC Journal, Vol 139 (2003/8), under the title “Yohroppa niokeru syouhyou no syoujin mondai nituite” (co-author)
• “The EFTA Court confronts re-labelling (Paranova AS v Merck & Co., Inc. and Others, Judgement of the EFTA Court of 8 July 2003, Case E-3/02) “, in European Law Reporter 7-8/2003 at 278
• “The Dangers of Too Much Precaution”, chapter in A True European: Essays for Judge David Edward, Hart Publishing, 2003 View pdf
• “The use of comparative law in A & Others v. National Blood Authority”, chapter in Comparative Law Before the Courts, British Institute of International and Comparative Law, 2004 (co-author)
• “The exhaustion of trademark rights in the EU and the possible action against pirated and counterfeit goods” (published in Japanese only in the CIPIC Journal, Vol 142 (2003/11), under the title “Ousyu-niokeru heikou-yunyu-mondai oyobi mohouhin/kaizokuban no torishimari nituite” (co-author) Contribution to “Roundtable on Trinko” Global Competition Review, Volume 7, Issue 2, March 2004
• “Modernisation: an extension of the powers of the Commission?” chapter in Modernisation and Enlargement: two major challenges for EC competition Law, D Gerardin Ed., Intersentia, 2004, pp. 83-97 (paper presented at Global Competition Law Centre, Bruges, First Annual Competition Conference 2004)
• “Article 82: Remedies in Search of Theories? “, paper presented at the 31st Annual Conference on International Antitrust Law & Policy, Fordham Corporate Law Institute, October 2004, 2004 Fordham Corp. L. Inst. 167, Juris Publishing, Inc., New York, 2005; and Fordham International Law Journal, Vol 28, Juris Publishing, Inc., New York, 2005
• “Regulating Intellectual Property Via Competition? Or Regulating Competition Via Intellectual Property? Competition and Intellectual Property: ten years on, the debate still flourishes”, European Competition Law Annual 2005: The Interaction Between Competition Law and Intellectual Property Law, Hart Publishing, 2008
• “Where law meets competition: is Wouters like a Cassis de Dijon or a platypus?”, European Competition Law Annual 2004: The Relationship Between Competition Law and the (Liberal) Professions, Hart Publishing, 2006
• Chapters on “Customs Valuation” and “Customs Classification” in The World Trade Organization: Legal, Economic and Political Analysis, Vol I, 2005 Springer Science&Business Media Inc. (co-author)
• “EC competition law as a limitation on the use of IP rights in Europe: is there reason to panic?”, European Competition Law Annual 2003: What is an Abuse of a Dominant Position? Hart Publishing, 2006
• “Precaution, Science and Jurisprudence: An Evaluation”, Journal of Risk Research, Vol 9, No 4, 297-311, June 2006 (co-author)
• “Competition Law and Intellectual Property in Europe”, Twelfth St. Gallen International Competition Law Forum 2005, University of St. Gallen, published in Neueste Entwicklungen im europäischen und internationalen Kartellrecht, Zwölftes St. Gallen Internationales Kartellrechtsforum 2005, Helbing & Lichtenhahn Verlag, Basel, 2006
• “How The Monopolist Gained More Power By Abjuring Its Monopoly”, paper delivered to the Swedish Journal of European Law/Swedish FIDE Association conference on The modernisation reform of EC antitrust enforcement and its effects in the national legal order, Stockholm, December 2, 2005, Europarättslig Tidskrift, Nummer 3 2006 Ǻrgång 9, November 2006
• “The Tension Between Regulation And Competitive Market Forces in Europe”, chapter in Companions and Crossroads: Essays in Honor of Shael Herman, Tulane European & Civil Law Forum, Volume 21, 2006 (co-author)
• “The judicial function in European law and pleading in the European Courts”, Third Annual Wendell Gauthier Lecture, Tulane Law School, 2006, 81 Tul. L. Rev. 647, 2006 View pdf
• “Agenda de Lisbonne et droit de la concurrence”, Editorial in Concurrences 3-2006, pp 1-2 (co-author)
• “Beneath The Cherry Tree, In The Garden: European Thoughts On How To Enhance The Task Of Uncovering And Thereby Deterring”, European Competition Law Annual 2006: Enforcement of Prohibition Of Cartels, Hart Publishing, 2007 View pdf
• “L’Europe des juges. Recent criticism of ECHR and ECJ judgments; the American debate on judicial activism versus judicial restraint”, paper delivered to the Europaïsches Forum Alpbach/University of St. Gallen conference on “The Role of International Courts”, Salzburg, May 3-4, 2007; published in The Role of International Courts, German Law Publishers 2008 View pdf
• “Sector-Specific Price Regulation or Antitrust Regulation – A Plague on Both Your Houses?”, European Competition Law Annual 2007: A Reformed Approach to Article 82 EC, Hart Publishing, 2008 View pdf
• “Remedies and Sanctions for Unilateral Conduct in Competition Cases”, paper presented at the 34th Annual Conference on International Antitrust Law & Policy, Fordham Corporate Law Institute, October 2007, 2007 Fordham Corp. L. Inst. 559, Juris Publishing, Inc., New York, 2008
• Chapter on “Competition Law Adjudication”, for American Bar Association 6-volume publication on “The Administrative Law of the European Union” (co-author), published August 2008
• “Creating new rules or closing easy cases? Policy consequences for public enforcement of settlements under Article 9 of Regulation 1/2003”, European Competition Law Annual 2008: Antitrust Settlements Under EC Competition Law, Hart Publishing, Oxford and Portland Oregon 2010
• “Parallel trade in prescription medicines in the European Union: the Age of Reason?”, Yearbook of Antitrust and Regulatory Studies (2008), Centre for Antitrust and Regulatory Studies, Warsaw University School of Management View pdf
• “Ex-post assessment of Regulation 1/2003”, Global Competition Policy, October 2008, Release 2
• “L’oralité devant les cours du Royaume Uni et européennes”, paper delivered at the colloquium organised by the Ordre des avocats au Conseil d’état et à la Cour de cassation, Paris, December 15, 2008 [published in Thème et commentaires, Dalloz, Paris 2011]
• “On Remedies, Abuses and the Links Between (Article 82 EC and Structural Remedies after Microsoft)”, in Current Developments on European and International Competition Law, Carl Baudenbacher (Editor), Fifteenth St. Gallen International Competition Law Forum, University of St. Gallen, Helbing & Lichtenhahn Verlag, Basel 2008
• “Exceptional approval of major mergers: London and Brussels compared”, Global Competition Policy, May 2009, Release 1
• “The Interplay Between Standardization, IPR And Competition Law”, in Competition Law and Intellectual Property: A European Perspective, ICLS-50, at 113, M Tavassi, G Muscolo, G Caggiano (Editors) Wolters Kluwer, 2012 View pdf
• “A Bush in Need of Pruning: the Luxuriant Growth of ‘Light Judicial Review’’’, European Competition Law Annual 2009: The Evaluation of Evidence and its Judicial Review in Competition Cases, Claus-Dieter Ehlermann and Mel Marquis (Editors), Oxford and Portland Oregon 2011 View pdf
• “Due Process in EC competition cases: a distinguished institution with flawed procedures”, (2009) 34 E.L. Rev. 817 View pdf
• “Google: The Benign Monopolist?”, GCP: The Antitrust Chronicle, October 2009 (Release 2) View pdf
• “Victa Placet Mihi Causa: the Compulsory Licensing Part of the Microsoft Case”, chapter in Microsoft on Trial: Legal and Economic Analysis of a Transatlantic Antitrust Case, L Rubini (Editor), Edward Elgar Publishers, 2010
• “Due process after Menarini and Halcor: is there any more to say?”, Guide to the World’s Leading Competition and Antitrust Lawyers/Economists, Euromoney Institutional Investor PLC, March 2010 View pdf
• “A European Paradox: Imposing Market Reform ‘Voluntarily’”, paper delivered at the 1st Annual Concurrences Conference, ‘New Frontiers of Antitrust’, Paris, February 15, 2010; Concurrences No 2-2010
• “Due process in competition proceedings: a practitioner’s view from Brussels”, Due Process In Competition Proceedings, Concurrences No 3-2010
• “Obstacle to creation of EU-wide patent court”, World Intellectual Property Report, BNA International, October 2010 (co-author)
• “European Competition Law and the Indian Experience: A practitioner’s view from Brussels”, Competition Law Reports (Commemorating the 1st Anniversary of the Competition Appellate Tribunal), New Delhi 2010, Vol 1
• “Compulsory Licensing in European Competition Law: The Power of the Adjective”, chapter in Intellectual Property and Competition Law: New Frontiers, S Anderman and A Ezrachi (Eds.), Oxford University Press, 2010 (co-author)
• “Post Plures Unum: Streamlining and Simplifying Merger Procedures in an Era of Multijurisdictional Merger Filings”, European Competition Law Annual 2010: Merger Control in European and Global Perspective, Philip Lowe and Mel Marquis (Eds.), Hart Publishing, 2013 View pdf
• “Magill Revisited”, chapter for liber amicorum in honour of Jacques Bourgeois, Edward Elgar, 2011 View pdf
• “A Challenge for Europe’s Judges: The Review of Fines in Competition Cases” (2011) 36 E.L.Rev. 185 View pdf
• “Arbitrating Competition Law Matters in Pharmaceutical Matters”, chapter in EU and US Antitrust Arbitration, G Blanke and P Landolt (Eds.), Wolters Kluwer, 2011 (co-author)
• “Google Books: Game and Set to the Sceptics; the Match Continues”, Competition Policy International Antitrust Chronicle, June 2011 View pdf
• “Antitrust judicial review: Highlights of EU and national case laws”, N Charbit (Ed.), Revue Concurrences N° 2-2011
• “Market Forces and Private Enforcement: A Start but some Way Still To Go”, European Competition Law Annual 2011: Integrating public and private enforcement of competition law. Implications for courts and agencies (co-author), Philip Lowe and Mel Marquis (Eds.), Hart Publishing, 2014
• “Public enforcement and remedies in EU antitrust law”, Rights & Remedies in a Liberalised and Competitive Internal Market, Eugène Buttigieg (Ed.), Gutenberg Press, Hal Tarxien, Malta, 2012
• “In Praise of ‘A Safe and Honourable Dispute’, presented at the International Rounds of the Philip Jessup Moot Court competition, 31 March 2012, Washington DC; ILSA Quarterly, Volume 20, Issue 4, May 2012
• “Facts are chiels that winna ding”, Paper presented at the 38th Annual Conference on International Antitrust Law & Policy 2011, 2011 Fordham Corp. L. Inst. 175, B Hawk (Ed.), Juris Publishing, Inc., New York, 2012
• “A Challenge for Europe’s Judges: The Review of Fines in Competition Cases”, The Role of the Court of Justice of the European Union in Competition Law Cases, GCLC Annual Conference Series, M Merola and J Derenne (Eds.), Editions Bruylant, 2012
• “Competition Law: the unpredictable ally of business”, foreword to Asian-Mena Counsel Special Report, Anti-Trust & Competition, Vol. 10, Issue 4, 2012 View link
• “Is Common Sense Doomed? Choosing Between Rigid Clarity and Flexible Unpredictability”, Social Science Research Network 19th St. Gallen International Competition Law Forum 2012 (ICF) View link
• “Judicial review and competition law”, 2013 Competition Case Law Digest (N Charbit, E Ramundo, M Op-Courtaigne (Eds.), Institute of Competition Law 2012
• “From Regulation 17/62 to Article 52 of the Charter of Fundamental Rights”, General Principles of EU Law and European Private Law, Ulf Bernitz, Xavier Groussot & Felix Schulyok (Eds.), Wolters Kluwer, 2013 View pdf
• “Competition Law and Public Policy Considerations”, European Competition Law Annual 2012: Competition law, public policies and economic insecurity, Philip Lowe and Mel Marquis (Editors), Hart Publishing, 2014 View pdf
• “Judging the judgments: official creativity and judicial quality control”, Focus on Competition/Trends & Developments 2013-2014, Karanovic/Nikolic, Belgrade, 2013
• “Quis custodiet ipsos custodies? Assessing the judicial role in a lawful system of competition enforcement”, European Competition Law Annual 2013: Effective and Legitimate Enforcement, Philip Lowe and Mel Marquis (Eds.) [Hart Publishing, 2014] View pdf
• “A dangerous practice? Settling patent litigation is not such a bad idea”, Competition Law Insight, 15 April 2014 View pdf
• “In Honour of the 20th Anniversary of the EFTA Court: The Style of the EFTA Court”, chapter for inclusion in the EFTA Court’s 20th Anniversary Festschrift, Hart Publishing, 2014 View pdf
• “The European Commission and the ECN: Imagining the New Era – I would not start from here”, European Competition Law Annual 2014: Institutional Change and Competition Authorities, Philip Lowe and Mel Marquis (Eds.) [Hart Publishing, 2015]
• “Quinquennial Thoughts: 2009-2014”, 41st Annual Conference on International Antitrust Law & Policy 2014, 2014 Fordham Comp. L. Inst. 345, B Hawk (Ed.), Juris Publishing, Inc., 2015 (co-author) View pdf
• “Trade policy in 2015-delivery time?”, Euromoney International Trade Expert Guide 2015 (co-author)
• “Leniency: The Poisoned Chalice or the Pot at the End of the Rainbow?”, The Leniency Religion: Anti-Cartel Enforcement in a Contemporary Age, Prof Caron Beaton-Wells (Ed.), [to be published 2015] (co-author)
• “To Seek Leniency Or Not To Seek Leniency: That Is The General Counsel’s Question,” paper delivered at the Seminário sobre Compliance e Defesa da “The role of the CJEU in interpreting Directive 2014/104/EU on antitrust damages actions”, ERA Forum, April 2017, Volume 18 Issue 1 View pdf
• Concorência, 28 August 2014, Conselho Administrativo de Defesa Económicà/Centro de Estudos de Direito Econômico e Social, São Paulo [published 2015]
• “The Dangers of Settling Patent Litigation”, Competition and Patent Law in the Pharmaceutical Sector, An International Perspective; Edited by Giovanni Pitruzzella & Gabriella Muscolo View pdf
• Numerous papers delivered at conferences in Australia, Europe, Japan, Korea, North America and South America May 2015
• “Free movement of persons: the right we must leave behind?”, James Wood Lecture, University of Glasgow, November 11 2016 View pdf
• “Shall we in one bound be free? The European Court after Brexit.”, Edinburgh University, Monday April 10th 2017
• “The role of the CJEU in interpreting Directive 2014/104/EU on antitrust damages actions”, ERA Forum, April 2017, Volume 18 Issue 1 View pdf
• “EU Law after Brexit”, speech to Cambridge Society of Luxembourg, January 2018 View link
• “European Union Law in the UK after Brexit”, Judicial Review May 2018, Vol.23, No.1, 45-64
• “A Valediction, Forbidding Mourning”, farewell speech to the General Court of the European Union; February 2020 (en français and English) View pdf

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