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 Board of the UK Office of Fair Trading; Editor of the European Competition Journal; and a Founding Director of World Trade Institute Advisors. Prior to joining the İnstitute, 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. Philip also chairs or advises various committees and has the following affiliations:

Advisory Council, Advocates for International Development;
Visiting Faculty, CUTS Institute of Regulation and Competition, India;
Member, Advisory Board, Loyola Antitrust Institute;
Committee Member, European Competition Lawyers Forum;
OFWAT Future Regulation Advisory Panel;
Civil Justice Council, Consumer Committee; and
Visiting Faculty, World Trade Institute (Masters of International Law and Economics), Berne.

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

'Selective Distribution in the Age of Online Retail', (2010) European Competition Law Review, forthcoming, 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, forthcoming, 2010)
'Exclusionary Abuses and Competition on the Merits', chapter in The Reform of Competition Law: New Challenges, (Kluwer Law International, forthcoming, 2010)
'Monopolization: What is Behind the Trans-Atlantic Divide?', chapter in Challenges in the Enforcement of Article 82, (Oxford: OUP, forthcoming, 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)

Presentations

'Cartel Investigations and Enforcement in Small Economies', 8th Annual Meeting of the ICN, Zurich, 2-5 June 2009
'Suction Effect: What is the Attraction?', Issues at the Forefront of Monopolization and Abuse of Dominance, Faculty of Law, University of Haifa, Israel, 24-26 May 2009
'The Rule of Law and EU Competition Law', Linklaters, London, 8 October 2008
'Mergers in High-Tech Markets', 12th Annual Competition Conference, Fiesole, Italy, 19-20 September 2008
'Re-Examining Trans-Atlantic Divergences in Substantive and Procedural Competition Law', Antitrust Law and Litigation X: The Globalisation of Antitrust Enforcement, The Sedona Conference, 17-18 September 2008
'Which Competition Policy for Regulated Industries?', Anticompetitive State Intervention: Evolution of Standards and Remedies, Istanbul, Turkey, 5-6 September 2008
'A Little (Competition Law) Learning is a Dangerous Thing: The WTO Decision in Telmex', Globalisation, International Enforcement and Extraterritoriality, CLaSF Workshop, London, 4 September 2008
'Article 82 and Structural Remedies After Microsoft', International Competition Forum, St Gallen, 22-23 May 2008
'A Deregulated Economy without Competition Law: Free Market or Free Jungle?', Third Business Law Conference of the Nigerian Bar Association, Abuja, Nigeria, 27 March 2008
'RSI and the Microsoft Judgment', CRA Annual Competition Conference, Brussels, 13 December 2007
'Fidelity Rebates', and 'EC Abuse', Sedona Antitrust Conference, Arizona, 25-26 October 2007
'Competition Law in Small Economies', Luxembourg, 18-19 October 2007
'The Antitrust Marathon: A Search for Convergent Standards on Monopolization', Chicago, 5 October 2007
'Trade, Competition and Multilateral Rulemaking: A Warping of the International Legal Order?', ESRC Centre for Competition Policy Summer Conference, Comparative Perspectives on Multi-Jurisdictional Antitrust Enforcement, 14-15 June 2007, University of East Anglia, Norwich
'Exclusionary Abuses and "Competition on the Merits"', International Conference - The Reform of Greek Competition Law, National Bank of Greece, Athens, 1-2 June 2007
'Competition Law and Policy and EPAs, Advocates for International Development, Economic Partnership Agreements: Questions & Answers Session with ACP Chief Negotiators', Advocates for International Development, London, 3 November 2006
'Challenges and opportunities arising from the GATS Agreement for the People's Republic of China, sessions on National Treatment, Market Access and Restrictive Business Practices', MOFCOM training seminar, Beijing, China 18-20 September, 2006
'Implementation of Competition Provisions in RTAs: Lessons from Bilateral and Regional Agreements', UNCTAD Conference, Istanbul, Turkey, 31 July 2006
'"Consumer Detriment" and its Application in EC Competition Law', DG Sanco-Consumers International Competition Project, Second Regional Workshop, London, July 2006
'Introduction to EC Competition Law', DG Sanco-Consumers International Competition Project, First Regional Workshop, London, March 2006
'Building An Effective Competition Law Regime In Nigeria: Establishing A Local Context and Meeting International Standards', National Conference On Competition Law, International Law Institute and Lagos Business School, Nigeria, March 9-10th 2006
'The Future of European Competition Policy', London School of Economics, London, 27 February, 2006
'A Review of International Perspectives on Price Discrimination', ABA tele-conference, 27 February, 2006
'WTO practice in a City and Boutique Firm', Inns of Court City Law School, London, January 2006
'Controlling Business Practices of Dominant Firms - competing models: EU, US and WTO', London School of Economics, Modern Politics Programme for Kazakhstan Government, 14-25 November, 2005
'Competition Provisions in Bilateral Trade Agreements', CEPR Conference, and Joint Working Group of the Trade and Competition Committees, OECD Paris, October 2005
'Competition Provisions in Bilateral Trade Agreements', CEPR Conference, Brussels, April 2005
'Telmex - A Little Competition Law Learning is a Dang'rous Thing', UNCTAD experts meeting, Geneva, 11 November, 2004
'Trade and Competition: cutting through the rhetoric, Competition Policy, Competitiveness and Investment Conference', Colombo, Sri Lanka, 19-21 May, 2004
'National Treatment and Market Access applying to the Review of State Toleration of Exclusionary Business Practices', BIICL WTO research seminar, 12 May, 2004
'Cooperation within the European Competition Network', Competition Law Scholars Forum, Glasgow, 22 April, 2004
'Competition Issues with an International Dimension: How to tackle (some of) them', INCSOC Conference, Geneva, 29 January, 2004
'The (Im)propriety of Applying Pro-competitive Regulation to Private Barriers to Trade in Distribution Services', UNCTAD Expert Meeting on Market Entry Conditions Affecting Competitiveness and Exports of Goods and Services of Developing Countries: Large Distribution Networks, Geneva, 26 November 2003
'Trade and competition remedies for exclusionary business practices, Centre for Competition and Regulation', University of East Anglia, Norwich, 18 November, 2003
'Trade and Competition after Cancun', New York University School of Law, graduate studies workshop, New York, 22 October, 2003
'Modernisation of EC Competition Law, International Chamber of Commerce (UK) Committee on Competition', London, 14 October, 2003
'International Developments in Intellectual Property and Competition Policy', 'Trans-Atlantic Perspectives' conference, European Policy Centre, Brussels,12 June, 2003
'The WTO Singapore Issues - prospects for Cancun', Federal Trust/London School of Economics conference, 11 June 2003
'Pros and Cons of a Sectoral Approach without a Comprehensive Multilateral Competition Framework', International Conference on Competition for Countries in Transition, Tashkent, Uzbekistan, 5-6 June 2003 and Sao Paulo, Brazil, 24-25 April, 2003
'National Treatment and Competition Policy', WTO Secretariat, Geneva 1 April, 2003
'Competition Rules - the Existing and the Extant', Practitioner Workshop, British Institute for International and Comparative Law, London, 25 March, 2003
'Competition commitments at the WTO', The WTO's 'Singapore Issues': Prospects for Cancun - A Federal Trust Roundtable Dialogue, London School of Economics, 25 March, 2003
'How will National Treatment and non-discrimination fit with competition policy?', Consumers' Association conference, London, 24 January 2003
'Enhancing the WTO Dispute Settlement Understanding, delivery and discussion of Federal Trust report', WTO, Geneva; DG-Trade, Brussels; Commonwealth Secretariat, London, 5-6 December 2002
'GE/Honeywell - tensions and consensus?' Practitioner workshop, British Institute for International and Comparative Law, London, 26 February 2002
'Trans-Atlantic Antitrust Cooperation', Competition Law visitor seminar, Oxford University, Faculty of Law, Oxford, 25 February, 2002
'Dispute Settlement at the WTO', Linklaters client briefings, 2001
'National Treatment, Market Access and the Control of Business Practices - the relevance of the EU model for the WTO (Kodak-Fuji and Keck and Mithouard)', British Institute conference on International Trade Law and the WTO, London 17 May 2001
'Trade and Competition: Towards a Workable Agenda', Linklaters & Alliance/Cameron May/European Commission Conference, Brussels, 2 March 2001
'WTO Competition Rules - Questionable Aspects of Pro-competitive Regulation', Law Society Solicitors' European Group, London, 14 November 2000
'Chinese accession - ramifications for the WTO, China and its trading partners', Centre for European Policy Studies working group on the future of the WTO and the Millenium Round, Brussels, 12 October 2000
'Innovative Trade Rules with Anti-competitive Effects?', International Bar Association, Annual Conference, Amsterdam, 21 September 2000
'Trade and Competition', International Company Lawyers Conference, Berlin, 16 March 2000
'The WTO - What can it do for you?', Linklaters Business Brief, 10 November 1999
'Aspects of International Co-operation among Competition Authorities', International Chamber of Commerce, Stockholm, 21 October 1999
'Should Domestic Competition Policy Decisions Be Judged by WTO "Market Access" Rules?', Royal Institute of International Affairs, Chatham House, London, 10 September 1999
'The prospects for a global competition regime', 1998 Commonwealth Law conference, Cumberland Lodge, Windsor, 21 April 1998