Unilateral action presents some of the most difficult challenges in the enforcement of the competition laws. Agencies, courts, and academic scholars have expended significant effort in recent years to provide greater clarity and guidance on competition law compliance in this area. These remarks review recent developments in the European Union and in the United States, concluding that the EU has made progress while uncertainty may have increased in the U.S. Finally, two hypothetical negotiations between a customer and a dominant supplier are presented to illustrate some of the difficulties inherent in characterizing conduct as lawful or unlawful and in crafting effective remedies.
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