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Persistent link: https://www.econbiz.de/10012907038
This is a time of passionate debate on the fundamental goals of competition law. Should there be a single overarching goal for all of competition law and policy? Should that goal be framed in purely economic terms? Should antitrust focus on protecting the competitive process, preventing unfair...
Persistent link: https://www.econbiz.de/10014261480
This paper argues that empirical economic analysis in court proceedings is subject to important economic and legal restrictions, cumulating in a fundamental trade-off between accuracy and practicality. We draw lessons from two influential German court cases - the paper wholesaler cartel decision...
Persistent link: https://www.econbiz.de/10008699780
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
• 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
The design of products and firms' business models are subject to increased scrutiny by competition authorities (including the European Commission) within the EU. This trend is the consequence of the focus on agencies' efforts on digital markets. Product design and business model cases differ...
Persistent link: https://www.econbiz.de/10013212183
This paper aims at highlighting the Commission's approach towards the relation between sector specific regulation and general competition law, especially concerning energy markets and the road to Internal Market objective.We firstly present Trinko case, in order to focus on two crucial and...
Persistent link: https://www.econbiz.de/10013069619
Western legal systems have historically helped establish trust between parties and reduce transactional uncertainty by providing recourse to legal procedures. Nonetheless, establishing trust still imposes significant transactional costs and blockchain may reduce them to a smaller level. In the...
Persistent link: https://www.econbiz.de/10012899077
Loyalty discounts lie at the heart of the debate on single firm conduct, probably the most controversial issue in contemporary antitrust practice. Under particular conditions, loyalty discounts may have an exclusionary effect. However, they constitute a classical form of price competition, an...
Persistent link: https://www.econbiz.de/10012720972