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This article conducts a detailed analysis of the concept of economic dependence and exploitative abuse based on how their treatment in competition law and economics and their enforcement in European case law have evolved. Although the theoretical roots of these concepts lie in economic theory,...
Persistent link: https://www.econbiz.de/10011951850
This article aims to provide a detailed analysis of the concept of economic dependence and exploitative abuse through their evolution in competition law and economics and in European case law. First, while the theoretical roots of these concepts may be found in economic theory, we show that the...
Persistent link: https://www.econbiz.de/10011763806
In contrast to the United States, Germany decided to add margin squeeze as a legal offense to German competition law. In response to this, the problems in the gasoline market have caused major debates. This paper examines the pricing strategies by gasoline retailers and discusses the...
Persistent link: https://www.econbiz.de/10011616221
In competition law, the problem of the optimal design of institutional and procedural rules concerns assessment processes of the pro- and anticompetitiveness of business behaviors. This is well recognized in the discussion about the relative merits of different assessment principles such as the...
Persistent link: https://www.econbiz.de/10010286428
This article analyzes the basic characteristics of the Argentine competition law and the way in which it has been enforced in several important antitrust cases. We begin with a section that introduces the evolution of the law, followed by another section about the basic economic and legal...
Persistent link: https://www.econbiz.de/10010323112
An increasing number of countries have introduced some form of prohibition of abuses of economic dependence or broadened the scope of their existing legislation. Yet, very little has been written on the economics of economic dependence, that is on economic reasoning, tools or metrics that can be...
Persistent link: https://www.econbiz.de/10012656607
The main aim of this paper is to examine how the current European Commission guidelines issued in 2004 on the application of Article 101(3) of the Treaty on the Functioning of the European Union (TFEU) (hereinafter: Commission guidelines) could be improved to allow undertakings to assess their...
Persistent link: https://www.econbiz.de/10012156230
The digital revolution has reinvigorated the discussion about the problem how to consider innovation in the application of competition law. This raises difficult questions about the relationship between competition and innovation as well as what kind of assessment concepts competition...
Persistent link: https://www.econbiz.de/10011787834
This paper studies the interaction between the incentives for predation and mergers. I show that the incentive for predation in an oligopoly is limited by the subsequent competition for the prey. This bidding competition is expecially fierce when the prey's assets exert strong negative...
Persistent link: https://www.econbiz.de/10010335038
This paper argues that empirical economic analysis in court proceedings is subject to important economic and legal restrictions, cumulating in a fundamental trade-off between accuracy and practicality. We draw lessons from two influential German court cases - the paper wholesaler cartel decision...
Persistent link: https://www.econbiz.de/10010352103