William & Mary Business Law Review
Abstract
This contribution revisits the authentic origins of antitrust law and the U.K.’s legacy of EU precedent rulings, spanning an eclectic and holistic analysis of the wider contemporary objectives of antitrust law, the versatile doctrine of vertical restraints of trade applied in the context of the online resale price maintenance, and the abuse theory of monopoly power applied in the context of excessive pricing and, more recently, of data-driven digital market competition. This contribution offers an original legal interpretation of precedent-based antitrust law: First, sustaining as principal narrative streams of evolutionary development, the rise of authentic precedent, which has had a wider formative influence on the development of antitrust theory and doctrine; and second, following a subsequent process of emancipation (or fall from grace) reverting to metamorphosis, i.e., a retained legacy of precedent-based antitrust law that is hopefully due to last before the Supreme Court but slowly mature into an authentic common law version of antitrust rules in the years to come.
Repository Citation
Anca Daniela Chirita, Precedent-Based Antitrust Law, 17 Wm. & Mary Bus. L. Rev. 523 (2026), https://scholarship.law.wm.edu/wmblr/vol17/iss3/2Included in
Antitrust and Trade Regulation Commons, Law and Economics Commons, Legal History Commons