In competition law, the relevant market acts as a filter that delineates that part of commerce within which competition law assesses companies’ market behaviour. This contribution considers how competition law can reconcile the legal concept of the relevant market with its economic roots. It...

The present chapter investigates the antitrust rules applicable to loyalty or fidelity rebate schemes under EU competition and US antitrust law. It finds that antitrust liability for a dominant company will more readily be established in the EU, where the applicability of economics-based tests...

Competition law needs to be able to rely on its most fundamental analytical tools in order to properly carry out competitive assessments. This includes market definition as the first step in virtually any competition case. And this also holds true in digital markets. Market definition has risen...

A new era is dawning for market definition under EU competition law. It is being rung in by five distinct developments that, together, foreshadow the future of the relevant market as a tool of competition law. A plethora of policy reports on digital markets have made recommendations for...

A new era is dawning for market definition under EU competition law. It is being rung in by five distinct developments that, together, foreshadow the future of the relevant market as a tool of competition law. A plethora of policy reports on digital markets have made recommendations for...

Market definition is a core concept of competition law in the European Union, the United States and Brazil. The present contribution first surveys the general approach to market delineation in these three jurisdictions. Against this background, it then embarks on a discussion of market...

In Austria, the Federal Competition Authority does not adopt its own infringement decisions but needs to apply to the Cartel Court to have a fine imposed or an infringement terminated. For the purposes of Regulation 1/2003, the Cartel Court is therefore designated as a (judicial) national...

The European Union is transitioning to a digital and green economy, an ambitious endeavour that must be supported by all of its policies and actions. This includes competition law as a central pillar of the European economic constitution. While a greener and more privacy-friendly EU competition...

In the 21st century, voter choice and the broader political debate are within the reach of those that can access and channel the vast streams of user data that are generated online. The role of personal user data in digital markets, as well as the use that digital platforms make of that data in...

A new sustainability exemption entered into force with Austria’s most recent competition law amendment of September 2021. The new exemption provision’s aim is to promote genuine green cooperation. The sustainability exemption’s scope of application, however, is not yet clear. The Austrian...