Faculty of Law » Prof. Michal Gal
Prof. Michal Gal
- mgal@law.haifa.ac.il
- 04-8249062
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Michal Gal (LL.B., LL.M., S.J.D.) is Professor and Director of the Center for Law and Technology at the Faculty of Law, University of Haifa, Israel, and is the President of the International Academic Society for Competition Law Scholars (ASCOLA), comprising of about 600 competition researchers worldwide. She was a Visiting Professor at the University of Chicago, NYU, Columbia, Georgetown, Melbourne, National University of Singapore, and Bocconi. Prof. Gal is the author of several books, including Competition Policy for Small Market Economies (Harvard University Press, 2003). She also published numerous scholarly articles in leading journals, including on the intersection of competition law and intellectual property, on law and technology, on the effects of the size of the market on regulation, and on algorithms and big data. She has won prizes for her research and for her teaching. Inter alia, her paper, “Merger Policy for Small and Micro Economies”, won the Antitrust Writings Award for best paper on merger policy (2013), and her paper on “Access to Big Data” (with Daniel Rubinfeld) won the award for best paper on unilateral conduct (2016). Her Paper “Patent Challenge Clauses: A New Antitrust Offense?” (with Alan Miller) won the Jerry S. Cohen Medal, given by the American Antitrust Institute, for best antitrust paper published in 2017. In 2019 she won the highest award given by the University of Haifa, for Best Senior Researcher. In October 2022 she was chosen by Global Competition Review as one of 25 most influential competition academics (law or economics) in the world.
Prof. Gal served as a consultant to several international organizations (including OECD, UNCTAD) on issues of competition law and was a non-governmental advisor of the International Competition Network (ICN). She also advised several small economies and regional organizations on the framing of their competition laws. She is a board member of several international antitrust organizations, including the American Antitrust Institute (AAI), The Antitrust Consumer Institute, the Asian Competition Law and Economics Center (ACLEC). She clerked at the Israeli Supreme Court, and her work is often cited in its decisions on competition matters.
- Competition law and policy
- Corporate Law
- Law and Economics
Articles (partial list)
- Tamar Shtub and Michal S. Gal, “Blockchain and Competition Law”, University of Haifa Law Rev. (Din Udvarim), forthcoming, 2020).
- Michal S. Gal, “The Case for Limiting Private Litigation of Excessive Pricing” forthcoming, Journal of Competition Law and Economics (2020).
- Michal S. Gal and Rivka Dahan. “Legal Obstacles to Private Enforcement of Competition Law” 3(2) Market and Competition Law Review (2019)(new journal, still not ranked).
- Michal S. Gal, “3D Competition: Ensuring Competition and Innovation in 3D Printing”, 22(1) Vanderbilt Journal of Entertainment and Technology Law (2019) (ranked 5/79 of intellectual property in 2018; 131/1548 overall).
- Michal S. Gal, “Algorithms as Illegal Agreements?” Communications of the ACM (January 2019).
- Michal S. Gal and Daniel Rubinfeld, “Data Standardization: Interoperability and Portability in an Interconnected World” NYU L. Rev. (forthcoming, 2019)(ranked 13/1548 in 2018).
- Niva Elkin-Koren and Michal S. Gal, “Governance by Data: Personalized Law and Data Capitalism” (2018) 86 University of Chicago L. Rev. (forthcoming, 2018).
- Michal S. Gal, “Algorithms as Facilitating Practices” forthcoming, 34 (1) Berkeley Technology Law Journal (2018).
- Michal S. Gal, “The Sharing Economy: The Power of the Crowd,” forthcoming, Law and Ethics of Human Rights (2018).
- Michal S. Gal, “Algorithmic Challenges to Autonomous Choice,” forthcoming, Michigan Telecommunications and Technology Law Review (2018)
- Michal S. Gal, “Algorithms as Coordination-Facilitators: Potential Legal and Market Solutions,” Competition Policy International (CPI) Antitrust Chronicle, May 2017.
- Dan Rubinfeld and Michal S. Gal, “Access Barriers to Big Data” 59(2) Arizona L. Rev. (2017) (forthcoming)
- Michal S. Gal and Niva Elkin-Koren, “Algorithmic Consumers” 30 Harvard Journal of Law and Technology (2017) (forthcoming)
- Michal S. Gal and Alan Miller, “Challenge Clauses: A new Antitrust Offense”? 92 Iowa L. Rev. (2016) (forthcoming)
- Michal S. Gal and Thomas Cheng, “Aggregate Concentration Concerns: Competition Law Solutions?” Journal of Antitrust Enforcement (2016)(forthcoming).
- Michal S. Gal and Dan Rubinfeld, “Free Goods: Their Implications for Antitrust Analysis” Antitrust L. J. (2016)
- Alan D. Miller and Michal Gal, “Challenging the Law on Licensees’ Ability to Launch Patent Challenges” (2015) 32(1) Yale J. on Reg. (forthcoming).
- Michal Gal and Hila Nevo, “The Effects of Decision Theory on Legal Rules: Abuse of Dominance by Setting Unfair Prices” (2015) Hebrew University L. Rev. (Hebrew).
- Michal S. Gal, Mor Bakhoum, Josef Drexl, David Gerber, Eleanor Fox eds.The Unique Economic Challenges of Developing Economies and their Implications for Competition Law, forthcoming Edward Elgar, 2015.
- Antitrust in High-Technology Industries: A Symposium Introduction with Spencer Weber Waller, Journal of Competition Law & Economics, 8(3), 449–457 (2012)
- Viral Open Source: Competition vs. Synergy Journal of Competition Law & Economics, 8(3), 469–506 (2012)
- New Perspectives on International Antitrust The American Journal of International Law, Vol. 106, pp. 401, 2011 (2011)
- “Regional Competition Law Agreements: An Important Step for Antitrust Enforcement” 60 U. of Toronto L. J. 239 (2010)
- “Expansion and Contraction in Monopolization Law” With Avishalom Tor and Spencer Weber Waller, 76 Antitrust L. J. 653 (2010)
- “The Follower Phenomenon: Implications for the Design of Monopolization Rules in a Global Economy” With JORGE PADILLA, 76(3) Antitrust L. J. 899 (2010)
- “Free Movement of Judgments: Increasing Deterrence of International Cartels Through Jurisdictional Reliance,” 51(1) Virginia Journal of International Law (2010)
- “When the Going Gets Tight: Institutional Solutions When Antitrust Enforcement Resources are Scarce” 41(3) Loyola U. Chicago L. J. (2009)
- “Antitrust in a Globalized Economy: The Unique Challenges of Small and of Developed Economies” 33 Fordham International L. J. 1 (2009)
- “The ‘Cut and Paste’ of Article 82 of the EC Treaty in Israel: Conditions for a Successful Transplant” 9 European Journal of Law Reform 467 (2007)
- “The Effects of Smallness and Remoteness on Competition Law – The Case of New Zealand” 14 (3) Competition and Consumer Law Journal, 292 (2007)
- “Six Principles for Limiting Government-Facilitated Restraints on Competition” With Inbal Faibish, 44 Common Market Law Review (CMLR) 69 (2007)
- Below-Cost Price Alignment: Meeting or Beating Competition The France Telecom Case forthcoming, 28(6) European Competition Law Review (ECLR) (2007)
- “Regulation by Declaration: A Novel Method to Limit Abuse of market Power” 2 NYU Journal of Law and Business 404 (2006)
- “Monopoly pricing as an antitrust offense in the U.S. and the EC: Two systems of belief about monopoly?” 49 Antitrust Bulletin 343 (2004)
- Market Conditions under the Magnifying Glass: The Effects of Market Size on Optimal Competition Policy 50 Am. J. Comp. L. 304 (2002)
- “Size Does Matter: General Policy Prescriptions for Optimal Competition Rules in Small Economies” 74 University of Southern California Law Review, 1438 (2001)
- Reducing Rivals Prices: Government-Supported Mavericks as New solutions for Oligopoly Pricing 7 Stanford Journal of Law, Business and Finance 73 (2001)
- “Harmful Remedies: Optimal Reformation of Anti-Competitive Contracts” 22 Cardozo Law Review 91 (2000)
- “The Intersection of Competition Policy and Intellectual Property: Small Economy Perspective” Global Competition Review (2000)
- “Market Power in Electricity Industry Restructurings” Co-authored with Michael J. Trebilcock. 50 pages., 22 World Competition : Law and Economics Review 119 (1999)
- “The Nielsen Case: Was Competition Restored?- On the Anti-Competitive Effects of A Partial Enforcement of Competition Laws” 40 pages, 29 Canadian Business Law Journal 17 (1997)
Articles in Hebrew
- MIchal S. Gal and Hila Nevo, “Regulating Unfair High Prices: Trojan Horse” (2016)Hebrew University L. Rev.
- Michal Gal and Hila Nevo, “The Effects of Decision Theory on Legal Rules: Abuse of Dominance by Setting Unfair Prices” (2015) 45 Hebrew University L. Rev. .
- The Dearth of Antitrust Sanctions (with Amir Israeli), 35 Tel Aviv University Law Review (Iyunei Mishpat) 5-50 (2012)
- The Bagel and its Hole: Changes in Competition Law 6 University of Haifa Law Review (Din Udvarim) 173 (2011)
- The Bagel and the Hole: Innovation in Antitrust 6 University of Haifa Law Review (Din Udvarim) 173 (2011)
- On the Limits of Criminal Sanctions in Antitrust With Amir Israeli (Symposium issue on antitrust remedies), 6(4) Taagidim 76 (2009)
- A Bell on the Cat’s Neck: Monopoly Declarations under the Israeli Competition Law With Amir Israeli, 7 Law and Business (Mishpat Vaasakim) 139 (2007)
- 50 Colors of Formica: Legal Realism in the Israeli Competition Law 23 (3) Bar-Ilan University Law Review (Mechkarei Mishpat) 709 (2007)
- Necessary Reforms of the Israeli Competition Law 24 Hamishpat (The Law) 23 (2007) (in a special issue dedicated to competition law reform questions) (2007)
- Concentrated Monopolies With Menachem Perlman and Talya Solomon, 36 (1) Hebrew University Law Review (Mishpatim) 13 (2006)
- What is an Agreement? 29(3) Tel Aviv University Law Review (Iyunei Mishpat) 591 (2006)
- Monopolies in Competition: The Balance between Innovativeness and Competition in the Israeli Competition Law 2 University of Haifa Law Review (Din Udvarim) 425 (2006)
- Separating the Wheat from the Chaff: Restrictive Agreement in Light of the Supreme Court’s Recent Decisions 1 University of Haifa Law Review (Din Udvarim) 533 (2005)
Book Reviews
- The Global Limits of Competition Law, by Ioannis Lianos and Daniel Sokol eds. (Stanford Law Books, 2011), 39(1) World Competition- Law and Economics Review 18-9 (2016).
- International Competition Law, by Maher Dabbah (Cambridge University Press, 2010), World Competition- Law and Economics Review (June 2011), 2 pages.
- Global Competition, by David Gerber (Oxford University Press, 2009) in World Competition – Law and Economics Review (March 2011), 2 pages.
- Global Competition, by David Gerber (Oxford University Press, 2009) in Antitrust and Competition Policy Blog (August 2010).
- Book Review of Competition Law: Safeguarding the Consumer Interest, by Eugene Buttigieg (Wolters Kluwer, 2009) World Competition- Law and Economics Review (June 2010) (2010)
- Book review of An Introductory Guide to EC Competition Law and Practice, by Valentine Korah (Hart Publishing, 2007) World Competition- Law and Economics Review (June 2008) (2008)
- Book review of Competition Law and Policy in the Middle East, by Maher Dabbah (Cambridge University Press, 2007) World Competition- Law and Economics Review (September 2007) (2007)
Books
- Competition Policy for Small Market Economies Harvard Uniuversity Press (2003)
- Michal S. Gal and Menachem Perlman eds., The Law and Economics of the Israeli Competition Law, Nevo, 2008 , Volume 1, 549 pages (Hebrew).
- Mor Bakhoum, Josef Drexl, Michal S. Gal, David Gerber, Eleanor Fox eds., Competition Policy and Regional Integration in Developing Countries, Edward Elgar, 2012, 352 pages.
- Mor Bakhoum, Michal S. Gal, Josef Drexl, David Gerber, Eleanor Fox eds.,The Unique Economic Challenges of Developing Economies and their Implications for Competition Law, forthcoming Edward Elgar, 2015.
- Bjorn Lundquist and Michal Gal, Competition law in the Digital World (forthcoming, Edgar Elgar, 2019).
- Co-editor Journal of Competition Law Enforcement Special Issue on Competition law in the Digital World (2018).
Chapters In Books
- Michal S. Gal, “Is bounded rationality in entry decisions necessarily bad for social welfare?” in Entrepreneurship and Antitrust, chapter 4 (AAI, 2017)(same as article with similar name).
- Michal S. Gal, “Competition and Innovation in the Digital Economy” in Big Data, Sharing Economic and Innovation (Valeria Falce ed., 2016).
- Michal S. Gal, “The Social Contract at the basis of Competition Law: Should we recalibrate competition Law to limit inequality?” in Competition Policy: between Equity and Efficiency (Lianos and Gerard eds., Cambridge University Press, 2017).
Reprinted (in shorter form) in CPI- Competition Chronicle (Dec. 2019). - Thomas Cheng and Michal S. Gal, Superior Bargaining Position Regulation: Dealing with Aggregate Concentration Concerns in Abuse of Dominance (Nihoul et al. eds., Edward Elgar, 2017).
- Mor Bakhoum and Michal S. Gal, “Introduction” in The Unique Characteristics of Developing Jurisdictions and Their Effects on Competition Law (Bakhoum et al eds., Edward Elgar, 2015), pp. 1-12.
- Tamar Indig and Michal S. Gal, “Lifting the Veil: Rethinking the classification of Developing Economies for Competition Law and Policy” in The Unique Characteristics of Developing Jurisdictions and Their Effects on Competition Law (Bakhoum et al eds., Edward Elgar, 2015).
- Michal Gal and Eleanor Fox, “Drafting Competition Laws for Developing Economies: Learning from Experience” in The Unique Characteristics of Developing Jurisdictions and Their Effects on Competition Law (Bakhoum et al eds., Edward Elgar, 2015).
- Tamar Indig and Michal S. Gal, “New Powers – New vulnerability? A critical analysis of market inquiries” in Competition Law as Regulation 89 (DiPorto and Drexl eds, Edgar Elgar) (2015)
- Regional Agreements of Developing Jurisdictions: Unleashing the Potential (with Inbal Wassmer-Faibish), Regional Competition Law Agreements (Bakhum, Drexl, Gal, Gerber, Fox eds., Edgar Elgar, 2012) (2012)
- International Antitrust solutions: Discrete Steps or Causally Linked? More Common Ground For International Competition Law? (Josef Drexl et al., ed., Edgar Elgar, 2011) (2011)
- “Antitrust Pluralism and Justice” with Eran Fish, in The Goals of Antitrust (Josef Drexl and Daniel Zimmer eds., Edgar Elgar, 2011) (2011)
- “International Antitrust solutions: Discrete Steps or Causally Linked?” in International Antitrust (Josef Drexl ed., Edgar Elgar, 2010) (2010)
- “Private Enforcement in Israel” with Niv Zecler and Yariv Ilan, in Bert Foer and Jonathan Cuneo, (ed.) Handbook on Private Enforcement (Edward Elgar, 2010) (2010)
- “Antitrust in a Globalized Economy- The Unique Enforcement Challenges Faced by a Small Economy (Israel)” in Andrew Guzman (ed.) Cooperation, Comity, and Competition Policy (Oxford University Press, 2010) (2010)
- Extraterritorial Application of Antitrust – The case of a Small Economy (Israel) Cooperation, Comity, and Competition Policy (Andrew Guzman ed., Oxford University Press) (2009)
- “Restrictive Agreements and Unilateral Restraints” In Economic Theory and Competition Law (Josef Drexl ed., Edgar Elgar, 2007) (2007)
- “Competition Law in Micro-Economies: The Case of Barbados” in Competition Policy Perspectives (P.Satyanarayana Prasad ed., ICFAI Law Books, 2007) (2007)
- “Israeli Competition Law” Michal s. Gal and Amir Israeli, World Competition Report, CUTS (2005)
- “The Ecology of Antitrust: Preconditions for antitrust Enforcement in Developing Countries“, in Competition, Competitiveness and Development: Lessons from Developing Countries 22 (2004)
- “Reality Bits (or Bites): The Political Economy of Competition Policy in Small Economies” Barry Hawk, ed., Juris. Publishing, 12 pages,International Antitrust Law and Policy 605 (2002)
- “Current Issues in the Deregulation of the Ontario Electricity and Natural Gas Industrie” Melbourne: Centre for Corporate Law and Securities Regulation, University of Melbourne, 54 pages, in Megan Richardson (ed.), Deregulation of Public Utilities: Current Issues and Perspectives (1996)
- “Traditional Natural Monopolies in Transition: The Comparative Roles of Structural Changes, Competition Policy and Economic Regulation in Preventing the Leveraging of Monopoly Power in Network Industries” Juris Publishing, Michal S. Gal and Michael J. Trebilcock, 40 pages, in James Musgrove (ed.) Competition Law for the 21st Century (1998)
- J.S.D.- (Alan Marks Medal for best graduate thesis) May 2000, Faculty of Law, University of Toronto.
- LL.M.- (Alan Marks Medal for best graduate thesis) August 1996, Faculty of Law, University of Toronto
- Law Clerk, Supreme Court of the State of Israel
- LL.B.- (Magna Cum Laude), June 1993: Faculty of Law, Tel-Aviv University.
Video
- Pricing by Algorithms– an expert discussion organized by George Washington University (December 2023)
- Keynote at CLEEN conference (Mannheim, May 2023)
- The Future of Computational Antitrust, December 2022
- OECD, Panel on Role of Data Portability and Interoperability in Antitrust Enforcement (June 2021)
Academic Ranks
- Full Professor, Faculty of law, University of Haifa (2011-present)
- Associate Dean Faculty of law, University of Haifa (2009-2012)
- Associate Professor, Faculty of law, University of Haifa (2007-2011)
- Director of Advanced Studies, Faculty of law, University of Haifa (2009-2012)
- Director, Forum of Law and Markets, Faculty of law, University of Haifa (2008- present)
- Assistant Professor, Faculty of law, University of Haifa (2002-2006)
- Abroad
- NYU, Global Hauser Visiting Professor (2006, 2007, NYU@NUS 2010, NYU@NUS 2012)
- National University of Singapore, Distinguished Visitor (2010, 2012)
- University of Melbourne, Visiting Professor (2009, 2015)
- Catholic University of Lisbon, Portugal, Visiting Professor (2009, 2016)
- Georgetown University, Dean’s Visiting Professor (2007-8)
- Max Planck Institute for Research on Collective Goods, Bonn, Germany, Visiting Scholar (2006).
- Sciences Po (Paris) Visiting Researcher (2015).
- Columbia University, Visiting Professor (2016), Research Scholar (1998-2000).
Membership in Scholarly or Professional Organizations
- Member of Steering Committee, Academic Society for Competition Law (ASCOLA), May 2010-present.
- Member of International Advisory Board, Institute for Studies in Competition Law and Policy (IMEDIPA), July 2009-present.
- Member of Advisory Board, Middle East Competition Law Initiative, Interdisciplinary Centre for Competition Law and Policy (ICC), (London), and College of Management, March 2009-present.
- Academic Partner, Asian Competition Law and Economics Center (ACLEC), Hong-Kong Polytechnic University, January 2009-present.
- Member of Advisory board, American Antitrust Institute, Washington D.C. September 2007-present.
- Member of the Executive Committee of ASCOLA: Academic Society for Competition Law, December 2006-present.
- Member of the International Advisory Board, Antitrust Institute, Chicago, U.S.A., July 2002- present.
- Non-Governmental Advisor to the International Competition Network, May 2002- 2012.
Fields of Intrests
- Competition law and Policy, Antitrust Law
- Law and Economics
- Economic Regulation
- International Trade
- Intellectual property
- Corporations
Additional Professional Milestones
- 2017 Winner of the Jerry S. Cohen Memorial Fund Writing Award for best paper in 2017, for the paper “Patent Challenge Clauses: A new Antitrust Offense?” (co-authored with Alan Miller). The award is given by the American Antitrust Institute
- 2016 Winner of the Jerry S. Cohen Memorial Fund Writing Award for best paper in 2016 on Antitrust in Platform Markets, for the paper “The Hidden Costs of Free Goods: Implications for Antitrust Enforcement,” (co-authored with Dan Rubinfeld).
- 2016 Antitrust Awards Winner, best article on unilateral conduct for 2016, for “Access Barriers to Big Data” (co-authored with Dan Rubinfeld).
- 2014 Paper titled “Merger Policy for Small and Micro Economies” chosen by the Antitrust Writing Awards Steering Committee as best paper written in 2013 on mergers and acquisitions. Competition organized by George Washington University and the Concurrences journal.
- May 2010 Chosen by the Antitrust & Competition Policy Blog as one of the “Best of the Best: Top Female Antitrust and Economics Law Professors”
- May 2009 Chosen by the Global Competition Review as one of the leading “Women in Antitrust” worldwide
- 2007 Chosen by Globes as one of ten young promising legal researchers in Israel, based on a survey of leading Israeli legal scholars.
- 2004 Winner of the Zeltner Prize for Young Researcher
- 1999/2000 Alan Marks Medal for best thesis submitted in 1999/2000, Faculty of Law, University of Toronto
- 1995/6 Alan Marks Medal for best thesis submitted in 1995/6, Faculty of Law, University of Toronto
- March 1992-November 1992: Law Clerk, Supreme Court of the State of Israel, The Honorable Justice Shoshana Netanyahu