Negotiation: In the shadow of competition law

Aymeric de Moncuit explores a crucial but still unexplored dimension of competition law – negotiation. It discusses the two types of negotiations in competition law, namely, vertical (negotiation in the asymmetry of power) and horizontal (arm’s length negotiation), then it delves into the lessons from US-pioneered “principled negotiation”, in particular, those applicable to asymmetric negotiations between enterprises and regulators.

This article won the 2022 Concurrences Award in Washington DC, in the category of 'Procedure'.