Kathryn McMahon

Reader

Director of Postgraduate Studies

EU, Comparative & International Competition Law; Economic Regulation; Regulation of Digital Markets

School of Law
S2.13, Social Sciences Building
University of Warwick
Coventry CV4 7AL
United Kingdom

Office hours (Term2 - 2024-25)

Mondays 12-1pm (weeks 3 & 5 only)

Wednesdays 9-11am (every week but for week 5: Monday 12-1pm and Wednesday 9-10am. No in person office hours in UG Reading Week: week 6)

(The above times are in person in Room S2.13, no need for an appointment, just drop by. If you can not make these times please email for another in person or online appointment)

Scholarship

Kathryn McMahon LLB (UNSW), BEc, LLM, PhD (Syd) researches and publishes in the areas of EU, comparative and international competition law with particular interests in the theory of economic regulation, the intersection of competition law with sector-specific regulation and the regulation of digital markets.

Bio

Prior to coming to Warwick Kathryn taught at the Faculty of Law, University of Sydney. She has spent time as a visiting scholar at the Centre for Antitrust and Regulatory Studies (CARS) University of Warsaw, University of Texas, Berkeley University and as a Fernand Braudel Senior Fellow at the European University Institute in Florence. She is an Associate Editor of the Global Journal of Comparative Law.

Publications

'McMahon, Kathryn E., 2022. 'USA : Monopolization of mobile ecosystems - the decision in Epic v Apple. Concurrences Review
McMahon, Kathryn E., 2019. Collective proceedings for damages in UK Competition Law. Case comment to the judgment Merricks v Mastercard [2019] EWCA Civ 674. Yearbook of antitrust and regulatory of Studies, 12 (20), pp. 245-258
McMahon, Kathryn E., 2016. The international harmonization of competition norms and Brazilian competition law : the use of settlement agreements. Law and Business Review of the Americas, 22 (4), pp. 293-331
McMahon, Kathryn E., 2014. The regulation of a margin squeeze in the European Union and the intersection of competition law and sector-specific regulation. Competition Law Review, 10 (2), pp. 167-204
Hay, G. A., McMahon, Kathryn E., 2012. The diverging approach to price squeezes in the United States and Europe. Journal of Competition Law and Economics, Vol.8 (No.2), pp. 259-296
McMahon, Kathryn E., Howarth, David, 2008. Windows has performed an illegal operation : the court of first Instance's judgment in Microsoft v Commission. European Competition Law Review, Vol.29 (No.2), pp. 117-134
McMahon, Kathryn E., 2007. Interoperability : "indispensability" and "special responsibility" in high technology markets. Tulane Journal of Technology and Intellectual Property, 9, pp. 123-172
McMahon, Kathryn E., 2006. Competition law, adjudication and the High Court. Melbourne University Law Review, 30 (3), pp. 782-836
Fraser, David, McMahon, Kathryn E., 2002. When too much sport is barely enough : broadcasting regulation and national identity. Entertainment Law, 1 (3), pp. 1-52
McMahon, Kathryn E., 2001. Universities and market discourse. Monash University Law Review, 27 (1), pp. 105-163
McMahon, Kathryn E., 2000. "Health-wealth" trade-offs : national competition policy and public health law. Journal of Law and Medicine, 8, pp. 170-195
McMahon, Kathryn E., 1997. "Church hospital board or board room? The Super League decision and proof of purpose under section 4D. Competition And Consumer Law Journal, 5, pp. 129-150
McMahon, Kathryn E., 1995. Predatory pricing in an oligopoly context. Competition And Consumer Law Journal, 3, pp. 144-164
Hay, George A., McMahon, Kathryn E., 1994. The duty to deal under section 46 : panacea or pandora's box. University of New South Wales Law Journal, 17 (1), pp. 54-72
McMahon, Kathryn E., 1994. Refusals to supply by corporations with substantial market power. Australian Business Law Review, 22, pp. 7-36
McMahon, Kathryn E., 1993. Predatory pricing under section 46 of the trade practices act and the decision in eastern express v general newspapers - part II. Trade Practices Law Journal, 1, pp. 130-149
McMahon, Kathryn E., 1993. Predatory pricing under section 46 of the trade practices act and the decision in eastern express v general newspapers - part I. Trade Practices Law Journal, 1, pp. 75-87

'McMahon, Kathryn E., 2023. 'A re-evaluation of the abuse of excessive pricing. Akman, P.; Brook, O.; Stylianou, K. (eds.), Research Handbook on Abuse of Dominance and Monopolization, Edward Elgar
McMahon, Kathryn E., 2023. Ancillary restraints. Healey, Deborah; Kovacic, Bill; Trevisán, Pablo; Whish, Richard (eds.), Global Dictionary of Competition Law, France, New York, London, Concurrences
'McMahon, Kathryn E., 2021. 'Economic theory, competition regulation, and digital markets. In Gvozdenovic, Michael; Puttick, Stephen (eds.), Current issues in competition law. Volume I, Context and interpretation, Alexandria, NSW, The Federation Press, pp. 202-229
McMahon, Kathryn E., 2012. Competition law and developing economies : between 'informed divergence' and international convergence. In Ezrachi, Ariel (ed.), Research Handbook On International Competition Law, Edward Elgar, pp. 209-237
McMahon, Kathryn E., 2010. Developing countries and international competition law and policy. In Faundez, Julio; Tan, Celine (eds.), International economic law, globalization and developing countries, Cheltenham, Edward Elgar, pp. 252-282
McMahon, Kathryn E., 2009. Economic, social and cultural rights and access to communication technologies : markets serving rights?. In Fraser , David; Rodrigues, Graça Almeida (eds.), Disrespect today, conflict tomorrow : the politics of economic, social and cultural rights, Nottingham, Critical, Cultural and Communications Press, pp. 228-247
McMahon, Kathryn E., 2009. A reformed approach to Article 82 and the special responsibility not to distort competition. In Ezrachi, Ariel (ed.), Article 82 EC : reflections on its recent evolution, Oxford ; Portland, Or, Hart Pub, pp. 121-145
Steinwall, Ray, McMahon, Kathryn E., 2000. Australian competition law. Sydney, Butterworths
McMahon, Kathryn E., 2000. Misuse of market power. In Steinwall, Ray; Duns,; McMahon, Kathryn E. (eds.), Butterworths Australian competition law, Sydney, Butterworths, pp. 215-285

'McMahon, Kathryn, 2022. 'Intermediation power, aftermarkets and mobile ecosystems : the Apple app store litigation. EU Antitrust : Hot Topics & Next Steps, Prague, Czechia, 24-25 Jan 2022, Published in EU Antitrust : Hot Topics & Next Steps : Proceedings of the International Conference, pp. 93-108

McMahon, Kathryn E., 2020. Review of Competition Law of the EU and UK by Maro Colino, S.. European Competition and Regulatory Law Review, Lexxion, pp. 165-167
McMahon, Kathryn E., 2014. Review of The global limits of competition law edited by Lianos, I. and Sokol, D. D.. European Law Review, Sweet & Maxwell Ltd, pp. 889-892
McMahon, Kathryn E., Hay, George Alan, 2012. Diverging approach to price squeezes in the United States and Europe. University of Warwick
Brown, Abbe E. L., Culver, Keith C., Davies, Anna, Derclaye , Estelle, Kingston , Suzanne, McGrory , David, McMahon, Kathryn E., Morgera , Elisa, Santamauro , Jon, Douglas , Taylor, Tuncak , Baskut, 2010. Towards a holistic approach to technology and climate change : what would form part of an answer?. University of Edinburgh
McMahon, Kathryn E., 2009. Developing countries and international competition law and policy. Department of Law, University of Warwick
McMahon, Kathryn E., 2005. Review of Regulating cartels in Europe : a study of legal control of corporate delinquency by Harding, C. and Joshua, J.. Modern Law Review, Wiley-Blackwell Publishing Ltd, pp. 163-166

Teaching Impact

Professional Practice

Interviewed about class action law suit by retailers against Amazon ‘Buy-box’, by Joel Khalili, Wired.comhttps://www.wired.com/story/amazon-buy-box-under-attackagain/ (13 June 2024)

Interviewed about competition in mobile ecosystems by James O’Malley, freelance journalist for a feature in PC Pro Magazine (4 January 2023 and 16 May 2023).

Ambassador, Value of Competition Programme, Oxford pro-bono programme to support competition culture in developed and developing countries. Established by Oxford Centre for Competition Law and Policy (CCLP): https://www.law.ox.ac.uk/value-competition-ambassadors

‘Expert Comment’ on the decision by the Competition and Markets Authority (CMA) to fine BGL £17.9 million, the owner of the comparison price website comparethemarket.com for breach of competition law: November 20th, 2020: https://warwick.ac.uk/newsandevents/expertcomment/competition_and_markets

‘Competition Law Expert’, Comparative Competition Law (CCL) project based at the University of Columbia Law School (Professor Anu Bradford) and the University of Chicago Law School which ‘generates novel data on competition regimes across time and countries. Using these data, the project studies competition law and enforcement around the world, including exploring the diffusion of these laws and the effects they have on market outcomes.’ (August 2016): http://comparativecompetitionlaw.org/experts/.

‘Expert comment’ for Globelynx, on the US Government intention to investigate the tech giants Google, Amazon, Facebook and Apple for breach of competition law https://www.ft.com/content/34993834-8609-11e9-97ea-05ac2431f453 (June 2019) https://warwick.ac.uk/fac/soc/law/newsandevents/?newsItem=8a17841b6b224430016b278d9e57114e

Contributed to a study conducted by Legal Tech Lab, Helsinki University on the use of AI in public decision-making (August, 2018) https://fi.linkedin.com/company/legal-tech-lab?trk=public_profile_topcard_current_company

‘Expert comment’ on a fine imposed on Google (Andriod case), July, 2018

https://www.businessinsider.com/international?r=UK

Invited commentator, EU-funded workshop on Challenges Faced by Judges in Enforcing Competition Law; EU and National Perspectives in April 2013.

Participated in a workshop for judges of Eastern Europe and new accession countries, at the Florence School of Regulation, European University Institute, Florence.

Lecturer, EU and UK competition law workshop Office of Water Regulator (OFWAT)Link opens in a new window.

Research Supervision

I welcome enquiries from prospective PhD supervisees. However, please ensure that you have a research proposal which corresponds with the University of Warwick School of Law requirements.

Kathryn particularly welcomes PhD students in the areas of competition law and economic regulation.

Current PhD students:

Robin, Vandendriessche, ‘On the nexus of EU competition policy and data protection’. Eutopia- funded research project (co-supervisor Professor Caroline Buts, Vrije Universiteit Brussel (VUB)).

Suresh Birdi, ‘The rise of the algorithmic economy: controlling the anticompetitive effects of algorithmic cartels.’