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Dr Philip Marsden

Director, Competition Law Forum and Senior Research Fellow

Philip is a competition lawyer with a particular interest in abuse of dominance, consumer welfare, and international competition issues. He is Non-executive Director on the Boards of the UK Office of Fair Trading and the Channel Island Competition and Regulatory Authorities, and Visiting Professor at the College of Europe, Bruges, teaching the core LL.M. competition course. He is also co-founder and General Editor of the European Competition Journal, Public Advisor to the Lithuanian Competition Council, and on the Advisory Council to Advocates for International Development. Prior to joining the ─░nstitute in 2003, Philip practised competition law in Toronto, Tokyo and London, advising firms in the retail, software and mobile telephony sectors and still acts as an advisor and expert witness in these areas.

Recent Publications

  • "Competition Law and Policy in Egypt"' (OECD: Paris, 2011)
  • Models of Enforcement in Europe for Relations in the Food Supply Chain (with J. Stefanelli)
  • External Review of IDRC Pre-ICN Forums on Competition and Development, 2006-2011 (with R. Wilson-Grau)
  • P.Marsden, 'Jaw-jaw not law law: from treaties to meetings: the increasing informality and effectiveness of international antitrust cooperation', chapter in Ezrachi (ed), International Research Handbook on Competition Law, (Elgar, 2012)
  • Online Search: "Antitrust" Competition Law Insight 26 July 2011, p. 17
  • 'Acta Non Verba: Keep 'Talking Shop', Don't Become Another Talking Shop', essay in The International Competition Network at Ten, ed. P. Lugard (Cambridge: Intersentia, 2011)
  • Guidance on abuse in Europe: The continued concern for rivalry and a competitive structure, Antitrust Bulletin 55/4 (2010) 707 (with L. Gormsen)
  • The Role of Competition and State Aid Policy in Financial and Monetary Law, Journal of International Economic Law 2010 13: 875-892 (with I. Kokkoris)
  • Antitrust Marathon IV: With Authority European Competition Journal, Vol. 6, No. 1, April 2010 (with SW Waller)
  • 'Selective Distribution in the Age of Online Retail', (2010) European Competition Law Review, with P. Whelan
  • 'The Curious Incident of Positive Comity - The Dog that Didn't Bark', chapter in Regulation and Competition in the Global Economy: Cooperation, Comity and Competition Policy, (Oxford: OUP, 2010)
  • 'Exclusionary Abuses and Competition on the Merits', chapter in The Reform of Competition Law: New Challenges, (Kluwer Law International, 2010)
  • 'Monopolization: What is Behind the Trans-Atlantic Divide?', chapter in Challenges in the Enforcement of Article 82, (Oxford: OUP, 2010)

Publications

Books

  • Consultant Editor, Competition Law: European Community Practice and Procedure (Hirsch, Montag and Sacker, eds) (Sweet & Maxwell, 2008)
  • Current Competition Law II (2004), Current Competition Law III (2005), Current Competition Law IV (2005) (Marsden and Hutchings, eds) (London: BIICL); Current Competition Law V (2007) (Marsden, Hutchings and Whelan, eds) (London: BIICL)
  • Exclusionary Business Practices and their Effects on Competition and Development (Geneva: United Nations, 2005)
  • A Competition Policy for the WTO (London: Cameron May, 2003)
  • Trans-Atlantic Antitrust Research Handbook (Cheltenham: Edward Elgar, 2006)

Journals

  • Editor, European Competition Journal (Oxford: Hart Publishing)

Articles/Chapters

  • Antitrust Marathon IV: With Authority European Competition Journal, Vol. 6, No. 1, April 2010 (with SW Waller)
  • 'Selective Distribution in the Age of Online Retail', (2010) European Competition Law Review, with P. Whelan
  • 'The Curious Incident of Positive Comity - The Dog that Didn't Bark', chapter in Regulation and Competition in the Global Economy: Cooperation, Comity and Competition Policy, (Oxford: OUP, 2010)
  • 'Exclusionary Abuses and Competition on the Merits', chapter in The Reform of Competition Law: New Challenges, (Kluwer Law International, 2010)
  • 'Monopolization: What is Behind the Trans-Atlantic Divide?', chapter in Challenges in the Enforcement of Article 82, (Oxford: OUP, 2010)
  • 'International Enforcement of EC Competition Law', chapter in D. Goyder, EC Competition Law, 5th edition, J. Goyder (ed.), (Oxford: OUP, 2009)
  • 'The Antitrust Marathon: Part III: The Rule of Law and Antitrust' (2009) 22(1) Loyola Consumer Law Review 1, with S.W. Waller
  • 'We Need a Watchdog with More than One Response', European Voice (22 October 2009)
  • 'Article 82 and Structural Remedies After Microsoft', chapter in Current Developments on European and International Competition Law, Baudenbacher (ed), (Helbing & Lichtenhahn Verlag, Basel: 2009)
  • 'Checks and Balances: EU Competition Law and the Rule of Law', (February 2009) Competition Law International 24
  • 'Lobbying for Climate Change in EU Competition Policy - Just Don't Talk About the Weather', (2009) 1 Concurrences 11
  • 'Intervention and the Internal Market: Contemporary European Competition Initiatives Concerning Distribution in the Market for New Cars' (2008) 4(2) European Competition Journal 485, with P Whelan
  • 'Re-Examining Trans-Atlantic Divergences in Substantive and Procedural Competition Law' (2009) 10 Sedona Conference Journal 23, with P Whelan
  • 'The Antitrust Marathon: Part II' (2008) 4(1) European Competition Journal 213 (with S W Waller)
  • 'The "Consumer Welfare" Standard as a Form of Substantive Protection for Consumers under European Competition Law', Chapter 16, Own Labels, Branded Goods and Competition Policy: The Changing Landscape of Retail Competition, Ezrachi & Bernitz (eds), (Oxford University Press, Oxford: 2009), (with P Whelan)
  • 'Editorial: Intellectual Leaders Still Need Ground to Stand On', (2007) 3(2) European Competition Journal 315, (with S Bishop)
  • 'The Antitrust Marathon: A Roundtable Discussion', (2008) 20 Loyola Consumer Law Review 114, (with S W Waller)
  • 'Microsoft v. Commission - With Great Power Comes Great Responsibility', Competition Law Insight (October 2007)
  • 'Legal Analysis: Gloomy Prospects Ahead for European Innovation', Times Online (17 September 2007)
  • 'Unfair and Unreasonable', Competition Law Insight (July 2007)
  • 'Who is Guarding the Guardians?', Legal Week (February 2007), (with Jonathan Tatten)
  • 'When Markets are Failing (Part 2)', Competition Law Insight (February 2007), (with P Whelan)
  • 'When Markets are Failing (Part 1)', Competition Law Insight (January 2007), (with P Whelan)
  • 'Article 82 Review', Competition Law Insight (November 2006)
  • 'Competition Law and the Consumer: Results of the Legislative Survey on Fourteen European Competition Law Regimes', BIICL Report in conjunction with Consumers International, March 2007 (with P Schepens and P Whelan)
  • "Competition 'Micro'management?", 59 European Lawyer 9 (June 2006)
  • 'A Bundeskartellamt/Competition Law Forum Debate on Reform of Article 82: A "Dialectic" on Competing Approaches' (2006) European Competition Journal 211
  • '''Consumer Detriment" and its Application in EC and UK Competition Law', [2006] European Competition Law Review 569 (with P Whelan)
  • 'The Reform of Article 82: Comments on the DG-Competition Discussion Paper on the Application of Article 82 to Exclusionary Abuses', a CLF submission to the European Commission, 31 March 2006
  • 'Editorial: The Article 82 Discussion Paper: A Missed Opportunity' (2006) 2(1) European Competition Journal 1 (with S Bishop)
  • 'Stop Micro-managing the European economy: European judges have a unique opportunity to free dominant companies from Über-regulation', (2006) BILD 74-77
  • 'A Review of International Perspectives on Price Discrimination: EC and UK', paper presented at ABA tele-conference, 27 February, 2006 (with P Whelan)
  • 'European Competition Policy: the next phase' Moving Europe Forward (London: UK Presidency, 2005) (with M Hutchings)
  • 'The Contribution of Bilateral Trade or Competition Agreements to Competition Law Enforcement Cooperation between the EU and Mexico; Canada and Chile; and Canada and Costa Rica' (London: CEPR, 2005) (with P Whelan)
  • 'The Reform of Article 82: Recommendations on Underlying Objectives', (2005)1(1) European Competition Journal 179
  • 'WTO decides first competition case - with disappointing results', Competition Law Insight (May 2004)
  • 'United Kingdom' chapter in The Modernisation of EU Competition Law Enforcement in the EU, FIDE 2004 National reports (ed. D Cahill) (Cambridge: CUP, 2004)
  • 'Proposals to the European Competition Network regarding the Modernisation Package', a submission of the Competition Law Forum (December 2003)
  • 'Competition after Cancun - a personal view', Competition Law Insight (October 2003)
  • 'Cooperation within the European Competition Network' a submission of the Competition Law Forum to the ECN authorities regarding the Modernisation package (August 2003)
  • 'Private Actions under EC and UK Competition Law' 31/4 International Business Lawyer (August 2003) 165 (with N Roth)
  • 'Consumers and Multilateral Competition Agreements', Contributor (National Treatment) and Editor of the Consumers International Technical Report, (April 2003)
  • 'International Enforcement of EC Competition Law' chapter in D. Goyder, EC Competition Law 4th ed, (Oxford: OUP 2003)
  • 'Enhancing the WTO's Dispute Settlement Understanding: A Working Group Report', The Federal Trust, (December 2002)
  • 'Not the end but the end of the beginning: competition policy at the WTO', Competition Law Insight, (November 2002)
  • 'Harnessing the Dragon - Insurance and China's Accession to the WTO', China Law and Practice, (January 2002) (with P Corne)
  • 'Trade and Competition: Why anti-trust lawyers should pay more heed', European Anti-trust Review 2002, London (January 2002)
  • 'The WTO "Doha Development Agenda": a Declaration of Intent', Linklaters client briefing, (December 2002)
  • 'Tune in to the International Competition Network - not the WTO - for practical advances in International Anti-trust', In Competition, Brussels (December 2001)
  • 'US - Tax Treatment For "Foreign Sales Corporations"', Report of the Panel, 23 July 2001, Linklaters client briefing, and Cameron May International Trade Law report (July 2001) (with C Stothers)
  • 'Innovative Trade Rules with Anti-competitive Effects?', International Business Lawyer, London, (March 2001)
  • Chapter 'The Divide on Verticals', Anti-trust Goes Global, Brookings Institution Press, Royal Institute of International Affairs, Washington/London (October 2000)
  • 'Whither Competition Rules at the WTO?', In Competition, Brussels (January 2000)
  • 'The Impropriety of WTO "Market Access" Rules on Vertical Restraints', 21/6 World Competition 5, (December 1998)
  • 'A WTO "rule of reason"', 19/8 European Competition Law Review 530 (October 1998)
  • 'Antitrust at the WTO', 13/1 Antitrust 28 (Autumn 1998)
  • 'Dealing with International Exclusion: The Right Focus for the WTO Working Group on Trade and Competition Policy', 21/2 World Competition 91 (December 1997)
  • 'Inducing Member State Enforcement of European Competition Law: A Competition Policy Approach to Antitrust Federalism', 18/4 European Competition Law Review 234 (June 1997)
  • 'Merger Review in Canada, the US and Mexico', 'National Treatment in the Competition Law of the NAFTA Parties', NAFTA 1504 Working Group (1994, 1995)
  • 'Through the Looking Glass: The Competition Policy Spectrum in the Triad', Canadian Department of Foreign Affairs and International Trade (1995)
  • 'Antitrust in Japan: A Sheep in Wolf's Clothing?', Journal of the Canadian Chamber of Commerce in Japan (1993)

Contact Dr Philip Marsden

Events

Procedural Fairness in International Courts and Tribunals Workshop

Procedural Fairness in International Courts and Tribunals Workshop...

Events

Class Actions and Product Liability Litigation: An Australian Perspective

Class Actions and Product Liability Litigation: An Australian Perspective...