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The ministerial proposal for a 10th amendment of the German competition law particularly addresses abuse control and seeks to tighten this pillar of competition policy against the background of the challenges from the digital economy. Next to extending the classic policy instruments of abuse...
Persistent link: https://www.econbiz.de/10012229920
In this paper, we discuss from an economic perspective two alternative views of restrictions of competition by sports associations. The horizontal approach views such restrictions as an agreement among the participants of a sports league with the sports association merely representing an...
Persistent link: https://www.econbiz.de/10010257231
The Microsoft cases in the United States and in Europe have been influential in determining the contours of the substantive liability standards for dominant firms in US antitrust law and in EC Competition law. The competition law remedies that were adopted, following the finding of liability,...
Persistent link: https://www.econbiz.de/10014204494
The Quanta judgement clarifies the US patent exhaustion doctrine on the basis of an authorized sale by the patent holder. It also contributes to the prism of patent-antitrust-contract laws to scrutinize contractual restrictions better on downstream purchasers. There are two main steps in the...
Persistent link: https://www.econbiz.de/10014206547
Innovation plays a crucial role in defining competitive dynamics. Given this fact, one might expect ‘innovation’ to play a consistent role in antitrust law. The present article conducts a systematic content analysis of the case law of the Court of Justice of the European Union to test this...
Persistent link: https://www.econbiz.de/10014351053
such as innovation. This question arises because competition authorities are intervening in horizontal mergers that are …
Persistent link: https://www.econbiz.de/10012852989
• Pay-for-delay cases raise fundamental points of law, including the notion of (potential) competition and restriction by object.• According to the rich case law addressing the relationship between Article 101(1) TFEU and intellectual property – including Nungesser and BAT (Toltecs-Dorcet)...
Persistent link: https://www.econbiz.de/10012858572
Antitrust regulation harms both consumers, competition, and innovation and therefore should be repealed. From a legislative standpoint, this would involve repealing the Sherman Act of 1890, the Clayton Act of 1914, and the Federal Trade Commission Act of 1914, as amended, including the...
Persistent link: https://www.econbiz.de/10012862370
The paper provides an overview of the enforcement activity of the Spanish competition authority in the digital economy. It explores, in particular, (i) the authority's approach to market definition and the assessment of market power; (ii) the main theories of harm developed in its decisions; and...
Persistent link: https://www.econbiz.de/10012842903
Competition policy is there to promote competition in order to lower prices and enhance economic efficiency. It does so by challenging business conduct deemed anticompetitive. The purpose of this essay is to address two questions. First: Does competition policy really promote competition?...
Persistent link: https://www.econbiz.de/10012929496