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In recent years, the number of research and development (R&D) partnerships between firms has substantially increased. From the perspective of the individual firm, these partnerships are formed in order to share the risks and benefits of R&D. At the macro level, they result in a global spanning...
Persistent link: https://www.econbiz.de/10013116257
This article examines the meaning and scope of the notion of anticompetitive effects in EU competition law. It does so by bringing together several strands of the case law (and this across all provisions, namely Articles 101 and 102 TFEU and merger control). The analysis is structured around a...
Persistent link: https://www.econbiz.de/10012834288
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
• There is not a unique legal test in EU competition law. There is conduct that is prima facie unlawful irrespective of its effects, and conduct that is lawful. In between, some practices are prohibited where actual or likely effects can be shown.• This paper seeks to map the various tests...
Persistent link: https://www.econbiz.de/10012869624
• 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
This chapter considers the boundaries of the notion of abuse of dominance (broadly conceived) from a comparative standpoint (in particular, by reference to the EU and US systems). It shows, first, that it is not possible to meaningfully distinguish between inherently ‘improper’ and valid...
Persistent link: https://www.econbiz.de/10013221830
We use an adverse selection model to study the dynamics of firms reputations when firms implement joint projects. We show that in contrast with projects implemented by a single firm, in the case of joint projects a firm's reputation does not necessarily increase following a success and does not...
Persistent link: https://www.econbiz.de/10013292934
This article uses the example of one of the best-known global payment systems provided by an online platform, PayPal, to analyze the role of private legal orders in creating new markets beyond jurisdictional borders. It shows that a relatively uniform legal order reduces risks involved in...
Persistent link: https://www.econbiz.de/10013002913
In this paper, we comment on the debate about guidelines for Art. 102 TFEU in the face of the challenges brought by digital ecosystems and abuse of dominance in related markets. We take the perspective of dynamic competition economics and derive four recommendations for the future enforcement of...
Persistent link: https://www.econbiz.de/10014512364
We examine network effects as an impediment to optimal financial contracting. In devising the terms of their transaction, the parties may prefer to conform to a market standard rather than matching their own contracting needs. To study this possibility, we investigate choice of contract law...
Persistent link: https://www.econbiz.de/10010340549