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Fairness considerations are increasingly evoked in economic policy and have become part of the current conversation on the objectives of competition policy. While fairness is undoubtedly an acceptable objective by itself and has its place in the history of economic regulation, its treatment in...
Persistent link: https://www.econbiz.de/10014261511
Despite the rationale and the legal basis of the Digital Markets Act (DMA), the European legal framework risks to become more fragmented in the post-DMA scenario because of overlaps with competition law. The paper provides an analytical overview of the hypotheses in which the dual application of...
Persistent link: https://www.econbiz.de/10013293604
The newly enacted Digital Markets Act (DMA) finds itself at a crossroads. The DMA can develop into a specialist field of competition law for digital platforms or it can evolve into a new field of EU law, detached from competition law. The DMA’s ultimate trajectory will depend on the legal...
Persistent link: https://www.econbiz.de/10014260975
The newly enacted Digital Markets Act (DMA) finds itself at a crossroads. The DMA can develop into a specialist field of competition law for digital platforms or it can evolve into a new field of EU law, detached from competition law. The DMA’s ultimate trajectory will depend on the legal...
Persistent link: https://www.econbiz.de/10014343729
This paper aims at highlighting the Commission's approach towards the relation between sector specific regulation and general competition law, especially concerning energy markets and the road to Internal Market objective.We firstly present Trinko case, in order to focus on two crucial and...
Persistent link: https://www.econbiz.de/10013069619
Persistent link: https://www.econbiz.de/10013070735
Antitrust law is undergoing a transformation that is detrimental to the interest of the general public. “Romantics” are taking over antitrust law—a fact evinced by recent public outreach instruments. This transformation is grounded in populist rhetoric that pits the “elites” (often,...
Persistent link: https://www.econbiz.de/10012849113
Complexity science is widely used across the policy spectrum but not in antitrust. This is unfortunate. Complexity science enables a rich understanding of competition beyond the simplistic descriptions of markets and firms proposed by neoclassical models and their contemporary neo-Brandeisian...
Persistent link: https://www.econbiz.de/10013296286
This Article challenges the various jurisdictional theories that underpin the FCC’s net neutrality regulation. The assertion of jurisdiction by the FCC over any aspect of the Internet ecosystem has raised populist, congressional, and even judicial rhetoric to a crescendo and resulted in a...
Persistent link: https://www.econbiz.de/10014182477