About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



10 Mkt. & Competition L. Rev. 11 (2026)

handle is hein.journals/mclr10 and id is 1 raw text is: 




11


Market and Competition Law Review / VOLUME X / No. 1 / APRIL 2026

Editorial

Mariateresa Maggiolino*








The Editorial Board is pleased to present this issue of the Market and
Competition  Law  Review, which brings together a set of contributions
addressing some of the most pressing questions currently confronting EU
competition law. While diverse in subject matter, the articles collected in
this volume converge around  a common   underlying concern: the extent
to which traditional antitrust categories remain capable of capturing the
economic  mechanisms  that increasingly shape contemporary markets.
  A first group of contributions highlights the limits of established analyt-
ical frameworks. In her article, Kanika Kaushik examines the challenges
of defining relevant markets in the pharmaceutical sector, showing how
conventional tools based on price-driven substitutability may struggle in
contexts where demand   is not directly determined by consumer choice,
but mediated by regulatory structures and professional decision-making.
In such settings, the assumptions underpinning the SSNIP  test and the
notion of substitutability risk producing an incomplete or potentially mis-
leading picture of competitive constraints.
  A similar tension emerges in the contribution by Guilherme Oliveira e
Costa, which addresses the application of Article 101 TFEU to algorith-
mic  environments. The  article explores whether forms of coordination
achieved without direct human interaction can be accommodated  within
a legal framework traditionally centred on the notion of a concurrence of
wills. While algorithms may facilitate or implement collusion in familiar
ways, more  autonomous  forms  of convergence challenge the conceptual


DOI: https://doi.org/10.34632/mclawreview.2026.18246.
* Full professor of competition law, Bocconi university, department oflegal studies. https://orcid.
org/0000-0003-1951-1081.