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In the past two decades the number of jurisdictions that adopted a competition law has grown exponentially. Yet many of them, most notably developing jurisdictions and small ones, face significant obstacles to efficient enforcement. Indeed, a World Bank study estimated that competition...
Persistent link: https://www.econbiz.de/10014201019
The global race for data-based technological superiority is on. In a world where “data is the new oil,” data-based comparative advantages may affect not only competition between firms but also the balance of power among jurisdictions. In the past two decades China has made important strides...
Persistent link: https://www.econbiz.de/10014084275
Article 102 TFEU has been interpreted as prohibiting not only exclusionary abuses, but also exploitative ones. In particular, sub-section (a), which prohibits ‘directly or indirectly imposing unfair purchase or selling prices' by a dominant firm, has been understood as proscribing not only...
Persistent link: https://www.econbiz.de/10013026706
Regulation is an important tool to deal with market imperfections. Regulation might, however, sometimes go beyond what is socially justified and create undue restraints on competition. The problem of social engineering is thus to devise a system that will ensure that the optimum combination of...
Persistent link: https://www.econbiz.de/10013137752
Monopoly pricing per se, that is without need of proof of anti-competitive conduct or intent, is regulated very differently on both sides of the Atlantic, at least in theory. U.S. antitrust law sets a straightforward rule: monopoly pricing, as such, is not regulated. In contrast, under EC law...
Persistent link: https://www.econbiz.de/10014065759
Patent licensing contracts commonly prohibit licensees from challenging the validity of the patents at the basis of the contract or penalize such challenges. A considerable debate has emerged as to whether courts should enforce these challenge clauses. We argue that this debate has not gone far...
Persistent link: https://www.econbiz.de/10012935082
Recent studies have proven that pricing algorithms can autonomously learn to coordinate prices, and set them at supra-competitive levels. The growing use of such algorithms mandates the creation of solutions that limit the negative welfare effects of algorithmic coordination. Unfortunately, to...
Persistent link: https://www.econbiz.de/10013296233
While never completely dormant, international antitrust has gained a new momentum in the past two decades or so, evidenced by the intensity of the global exchange on international antitrust issues. This momentum is driven, inter alia, by the significant increases in international trade. It is...
Persistent link: https://www.econbiz.de/10014168695
International trade has changed some of the challenges faced by antitrust authorities: it has added an international dimension. Under the current system of international antitrust, the backbone of enforcement is unilateral: each country applies its own tools to deal with international antitrust...
Persistent link: https://www.econbiz.de/10014210999
For the most part, competition and antitrust policy literature have focused on large economies. Yet the economic models on which such policies are based do not necessarily apply to small market economies. The book demonstrates that optimal competition policy is very much dependent on the size of...
Persistent link: https://www.econbiz.de/10014075025