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...

German Abstract: Digitale Plattformen prägen das digitale Zeitalter. In letzter Zeit gelangten sowohl die sogenannten GAFAM (Google, Apple, Facebook, Amazon und Microsoft) als auch weitere digitale Plattformen vermehrt in den Fokus der Kartellrechtshüter:innen. Dabei bildet die Marktmacht der...

German Abstract: Daten sind Informationen, und genaue Informationen – über Kund:innen, Mitbewerber:innen, den Markt, das Produkt – sind das Herzstück eines jeden erfolgreichen Unternehmens. Gleichzeitig können Daten aber auch für unangemessene Zwecke missbraucht werden. Auf digitalen...

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...