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Computational antitrust promises not only to help antitrust agencies preside over increasingly complex and dynamic markets, but also to provide companies with the tools to assess and enforce compliance with antitrust laws. If research in the space has been primarily dedicated to supporting...
Persistent link: https://www.econbiz.de/10014237359
In European legal scholarship, many articles discuss the equilibrium reached in the case-law of the Court of Justice of the European Union (“CJEU”) when the EU antitrust prohibitions apply to, and restrain, the free and ordinary use of intellectual property rights (“IPRs”). We call this...
Persistent link: https://www.econbiz.de/10012935999
This contribution offers a critical socio-legal perspective on the European Commission's Decision in the Google Shopping investigation. In particular, three outstanding issues, concerning Google's data collection, algorithmic transparency and the beneficiaries of the Decision are explored. The...
Persistent link: https://www.econbiz.de/10012950675
Antitrust and competition law have grown dramatically in importance and significance over the last fifty years. US antitrust law has been the principal source of inspiration for jurisdictions wishing to introduce regulation to control cartels and monopolization, and antitrust regulation has now...
Persistent link: https://www.econbiz.de/10012913418
The EC antitrust prohibitions are regularly invoked in private litigation as a shield. Private parties also play an important role in public antitrust enforcement through complaints to the competition authorities. However, in marked contrast with the situation in the US, private actions for...
Persistent link: https://www.econbiz.de/10014198798
This paper concerns the relationship between public antitrust enforcement and private actions for damages, focusing in particular on the enforcement of Articles 81 and 82 EC. In the first half of the paper, I examine the respective roles of public antitrust enforcement and private actions for...
Persistent link: https://www.econbiz.de/10014213178
The National Collegiate Athletic Association (“NCAA”) oversees nearly every aspect of the $11 billion college sports industry. Its powers include scheduling championship events, determining eligibility rules, entering into commercial contracts, and punishing members that refuse to follow its...
Persistent link: https://www.econbiz.de/10014160334
Should companies that have antitrust compliance programmes be granted a reduction in the amount of fines or even immunity from fines when they are found to have committed antitrust infringements? Should the absence of a compliance programme constitute an aggravating factor leading to higher...
Persistent link: https://www.econbiz.de/10014163758
The European Union legislature and courts leave the European Commission a wide discretion in dealing with antitrust complaints submitted to it. The principal external constraint is that if the Commission chooses not to pursue a formal complaint, it must reject it by means of a reasoned decision,...
Persistent link: https://www.econbiz.de/10014241168
The IEEE-SA updated patent policy and the Business Review Letter issued by the US DoJ have caused much discussion in the US (Sidak, 2015). The purpose of this paper is to assess whether a similarly lenient antitrust approach to Standard Setting Organizations’ (“SSOs”) rate setting policies...
Persistent link: https://www.econbiz.de/10014128859