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About
Niamh Dunne is a Professor, teaching in the areas of competition and EU law. Before coming to LSE in September 2015, she was a Lecturer at King's College London, and a Fellow in Law at Fitzwilliam College, Cambridge. She has also worked in competition enforcement for the Competition Authority of Ireland, and as a consultant in competition policy, primarily for the OECD. She holds law degrees from the University of Cambridge (BA, PhD), NYU School of Law (LLM) and King's College London (MA). She is qualified as a solicitor in Ireland and in England & Wales (both non-practising), and as an attorney in New York State.
Research
Research Interests
Niamh's research interests encompass, broadly, the areas of competition policy and market regulation. Work to date has explored the relationship between competition law and economic regulation; public and private aspects of antitrust enforcement; EU internal market liberalisation; and aspects of competition policy in the digital economy.
Publications
Jones & Sufrin's EU Competition Law: Texts, Cases, Materials 8th ed. (Oxford University Press, 2023) (with Alison Jones and Brenda Sufrin)
The complete guide to EU competition law, combining key primary sources with expert author commentary. The most comprehensive resource for students on EU competition law; extracts from key cases, academic works, and legislation are paired with incisive critique and commentary from an expert author team.
click here for the publisher’s site
Competition Law and Economic Regulation (Cambridge University Press, 2015)
Niamh Dunne undertakes a systematic exploration of the relationship between competition law and economic regulation as legal mechanisms of market control. Beginning from a theoretical assessment of these legal instruments as discrete mechanisms, the author goes on to address numerous facets of the substantive interrelationship between competition law and economic regulation. She considers, amongst other aspects, the concept of regulatory competition law; deregulation, liberalisation and 'regulation for competition'; the concurrent application of competition law in regulated markets; and relevant institutional aspects including market study procedures, the distribution of enforcement powers between competition agencies and sector regulators, and certain legal powers that demonstrate a 'hybridised' quality lying between competition law and economic regulation. Throughout her assessment, Dunne identifies and explores recurrent considerations that inform and shape the optimal relationship between these legal mechanisms within any jurisdiction.
- 'Antitrust and the Golden Thread: Balancing the Presumption of Innocence with the Public Interest in Competition Enforcement' in O. Andriychuk, Antitrust and the Bounds of Power—25 Years On (Hart Publishing, 2023)
- 'Pro-competition Regulation in the Digital Economy: The United Kingdom’s Digital Markets Unit' The Antitrust Bulletin 21 March 2022
- 'Liberalisation and the Legal Profession in England and Wales' 80 Cambridge Law Journal 274-307 (2021)
- 'Challenging Competition Commitment Decisions: Groupe Canal+' 58 Common Market Law Review 1229-48 (2021)
- 'The Role of Regulation in EU Competition Law Assessment' 44 World Competition 287-306 (2021)
- 'Potential Competition in EU Law' 42 European Competition Law Review 638-44 (2021)
- 'Fairness and the Challenge of Making Markets Work Better' 84 Modern Law Review 230-64 (2021)
- 'Concurrency' in A. MacCulloch, B. Rodger and P. Whelan (eds), The UK Competition Regime: A Twenty-Year Retrospective, Oxford University Press (2021)
- 'Platforms as regulators' 9 Journal of Antitrust Enforcement 244-69 (2021)
- 'A "Tunney Act for Europe"? Settlement and the Re-Judicialisation of European Commission Competition Enforcement' 11 Journal of European Competition Law & Practice 423 (2020)
- 'Algorithms in Contemporary EU Competition Enforcement: Evolution before Revolution?' CPI Antitrust Chronicle, July 2020
- 'Characterizing Hard Core Cartels under Article 101 TFEU' 65 Antitrust Bulletin 376 (2020)
- 'Public Interest and EU Competition Law' 65 Antitrust Bulletin 256 (2020)
- 'Dispensing with Indispensability' 16 Journal of Competition Law & Economics 74 (2020)
- 'From Coercion to Cooperation: Settlement within EU Competition Law' LSE Law Working Paper Series 14/2019
- 'Liberalisation and the Pursuit of the Internal Market' European Law Review (2018) 43 (6) pp.803-836
- 'Minimum Alcohol Pricing: Balancing the "Essentially Incomparable" in Scotch Whisky' Modern Law Review (2018) 81 (5) pp.874-905
- 'Implications of E-Commerce for Competition Policy' Background Note for the Competition Committee of the Organisation for Economic Cooperation and Development (OECD), DAF/COMP(2018)3
- 'Regulating Prices in the European Union' Yearbook of European Law (forthcoming, 2018)
- 'Competition Law (and its Limits) in the Sharing Economy' in Nestor Davidson, John Infranca & Michèle Finck (eds.) The Cambridge Handbook of Law and Regulation of the Sharing Economy (Camridge University Press, forthcoming 2018) [a pre-edited version is available online here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3058697]
- Review of Comparative Competition Law and Economiics (Roger van den Bergh), 41 World Competition (2018) 41 pp.485-487
- 'Why Protect the Potential Competitor?' Concurrences (2017) No.2-2017 [a pre-edited version is available online here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2931411]
- The special issue in which this article is published was awarded the Antitrust Writing Awards 2018 prize for Best Academic Article (Intellectual Property)
- Review of The Passing-On Problem in Damages and Restitution under EU Law (Magnus Strand), 54 Common Market Law Review (2017) 54 pp.1910-1912
- 'Perspectives on Liberalisation' LSE Legal Studies Working Paper No. 6/2017
- 'Convergence in competition fining practices in the EU' (2016) 53 Common Market Law Review, Issue 2, pp. 453-492
- 'Antitrust and the Making of European Tort law' Oxford Journal of Legal Studies (2016)
- 'Courage and Compromise: the Directive on Antitrust Damages' 40 European Law Review 581-587 (2015)
- Book review of Regulatory Competition in the Internal Market. Comparing Models for Corporate Law, Securities Law and Competition Law (Barbara Gabor), 74 Cambridge Law Journal 175-179 (2015)
- 'The Role of Private Enforcement within EU Competition Law' Vol.16 Cambridge Yearbook of European Legal Studies 2013-14 143-187 (2014)
- 'Commitment Decisions in EU Competition Law' 10 (2) Journal of Competition Law & Economics 399-444 (2014)
- 'Between Competition Law and Regulation: Hybridised Approaches to Market Control' 2 Journal of Antitrust Enforcement 225-269 (2014)
- 'Recasting Competition Concurrency under the Enterprise and Regulatory Reform Act 2013' 77(2) Modern Law Review 254-276 (2014)
- 'It never rains but it pours? Liability for umbrella effect in EU competition law after Kone' 51 Common Market Law Review 1813-1828 (2014)
- 'Umbrella Effects and Private Antitrust Enforcement' 73 Cambridge Law Journal 510-513 (2014)
- Book review of Building New Competition Law Regimes: Selected Essays (David Lewis (ed.)), 73 Cambridge Law Journal 643-646 (2014)
- 'Leading by Example: Private Competition Enforcement by the European Commission' 72 Cambridge Law Journal 273-276 (2013)
- Book review of Research Handbook on International Competition Law (Ariel Ezrachi (ed.)), 72 Cambridge Law Journal 458-461 (2013)
- 'Margin Squeeze: Theory, Practice Policy, Parts I & II' 33 European Competition Law Review 29-39 & 61-68 (2012) [part 1] [part 2]
- 'Margin Squeeze: From Broken Regulation to Legal Uncertainty' 70 Cambridge Law Journal 34-37 (2011)
- 'Knowing When to See it: State Activities, Economic Activities, and the Concept of Undertaking' 16 Columbia Journal of European Law 427-463 (2010)