Although both in US antitrust and European competition law there is a clear evolution to a much broader application of rule of reason (instead of per-se rules), there is also an increasing awareness of the problems of a case-by-case approach. The error costs approach (minimizing the sum of...

Fines imposed on firms for corporate infringements such as cartels reduce these infringement's profitability. When a manager knows when a violation is unprofitable he can prevent violations committed by an uninformed employee by investing in compliance programs (CPs). Investments can be...

This paper presents a moral hazard model analyzing the agent's incentive to commit corporate crime. The principal can only observe profits which the agent can increase by committing crime or exerting effort. It is shown how different incentive contracts, i.e., thresholdlinear, capped bonus and...

We study effects on prices and quantities of a takeover in the rather concentrated German interurban bus industry. We empirically asses the effect of the takeover of Postbus by Flixbus on industry key features, using a route-level price data set containing prices for more than 6,000 routes in...

Obwohl es dem Konzept des Soft Paternalismus gelang, die Aufmerksamkeit auf die Bedeutung verhaltensökonomischer Erkenntnisse und die verhaltensbeeinflussende Wirkung von 'weichen' Politikinstrumenten wie Default rules zu lenken, wird gezeigt, dass der Soft Paternalismus nur einen sehr...

The "UsedSoft" decision of the Court of Justice of the European Union (CJEU) about the right of a buyer of a downloaded copy of a software to resell this copy triggered a controversial discussion about the applicability of the "exhaustion" rule (US: first-sale doctrine) to copyright-protected...

The vertical allocation of regulatory powers within the European two-level system of network sector regulation is analysed from the perspective of the economic theory of legal federalism. The analysis shows that sophisticated combinations of harmonised European rules along with sufficient scope...

Through the application of the technological solution of the "extended vehicle" con-cept the car manufacturers can capture exclusive control of the data of connected cars leading to serious concerns about negative effects on competition, innovation and consumer choice on the markets for...

The need for regulatory solutions for access to in-vehicle data and resources of connected cars is one of the big controversial and unsolved policy issues. Last year the EU revised the Motor Vehicle Type Approval Regulation which already entailed a FRAND-like solution for the access to repair...

This paper analyses whether competition law can help to solve problems of access to data and interoperability in IoT ecosystems, where often one firm has exclu-sive control of the data produced by a smart device (and of the technical access to this device). Such a gatekeeper position can lead to...