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Nowadays, merger control predominantly relies upon a strict analysis of the effects from merger and acquisitions on effective competition. However, there is scope for so-called public interest considerations in several European merger control regimes and recently a number of European politicians...
Persistent link: https://www.econbiz.de/10012057286
trademark and unfair competition law. It is the contribution for "Germany" and covers the historical and doctrinal bases of …
Persistent link: https://www.econbiz.de/10014242615
Can competition law also take into account effects on privacy or should privacy concerns of data-collecting behaviour only be dealt with by data protection law? In this paper we are analysing the German Facebook case, in which certain terms of service (that force consumers to give consent for...
Persistent link: https://www.econbiz.de/10012543572
In this article, the author presents and comments on five major judgments from 2008, which redefined and adressed some crucial issues in Quebec and Canadian competition law. He also explores the points of contact between competition and intellectual property law and how modern commercial...
Persistent link: https://www.econbiz.de/10014185933
The study focuses on the admissibility and assessment of economic expertise in EC competition law litigation. I start by exploring the broader issues raised by the integration of economic expertise in litigation: in particular the risk of moral hazard and adverse selection because of the...
Persistent link: https://www.econbiz.de/10014204308
Utilities regulation in the Member States is always subject to the application of EC competition law. However, this undermines the effectiveness of utilities regulation and the European Courts should deploy a more flexible standard than that which has been confirmed by the Court of First...
Persistent link: https://www.econbiz.de/10014214385
We investigate the relationship between public and private enforcers introducing a more differentiated approach. In contrast to the existing literature, we take into account that the costs and benefits of detection and prosecution and, thus, the usefulness of each enforcement mode may change...
Persistent link: https://www.econbiz.de/10014156906
We are in the midst of an undeniable trend towards servitization, i.e. the provision of goods as services. While this process can serve laudable goals (e.g. sustainability), it can also be used to circumvent the competition law framework on vertical agreements. To show how, we examine three...
Persistent link: https://www.econbiz.de/10014081613
UK competition law authorities primarily target companies. Such a strategy exposes companies to the risk of liability and loss, and its lack of effectiveness in deterring anti-competitive behaviour has led to the introduction of individual sanctions, which were greatly expected to deter...
Persistent link: https://www.econbiz.de/10014104889
The first and significant hurdle in joint venture competition law analysis has to do with its rigorous definition. No consensual definition of the concept of joint venture in the field of competition law (including EU competition law) has ever been provided. On the contrary, multiple definitions...
Persistent link: https://www.econbiz.de/10014111237