These two papers look at recent decisions and controversies surrounding the counterfactual test under s 36 of the New Zealand Commerce Act 1986, and s46 of the Australian Competition and Consumer Act 2010 respectively. In 2010 the New Zealand Supreme Court in 0867 affirmed the counterfactual as...

This paper evaluates four publicly discussed policy options to mitigate market power in the German wholesale electricity market. These four options are: a regulatory solution favoured by the Federal Ministry for Economics and Technology, the implementation of a day-ahead flow-based market...

The rise of the platform economy has been the subject of celebration and critique. Platform companies like Uber, Airbnb, and Postmates have been rightfully celebrated as positively disruptive, introducing much–needed competition in industries that have been otherwise over–mature and...

Blockchain technology has in recent years captured attention and funding based on its promise to build trust among multiple parties without the need for a trusted intermediary. Born out of government-funded research on game theoretic Byzantine consensus, it offers the prospect of a more...

How does a firm’s market power in existing products affect its incentives to innovate? We explore this fundamental question using granular project-level and firm-level data from the pharmaceutical industry, focusing on a particular mechanism through which incumbent firms maintain their market...

This paper examines temporal aspects of market power. It explores an industry - the Israeli PVC industry - in which the dominant firm's market power fluctuates cyclically, and identifies the conditions that result in such phenomena. The existence of cyclical market power may lead the market...

In this conceptual paper, I propose a framework for measuring the market power of digital platforms. The rise of big technology companies that act both as intermediary platforms and providers of services and goods in several markets has heightened concerns about potential economic harms brought...

There is a discrepancy between Europe and the United States on whether margin squeeze is a relevant question for competition law and policy. Beyond this question, it is unclear whether law and the Cartel Office can detect margin squeeze, assuming it is necessary to look into the matter. In...

The SSNIP test and Critical Loss Analysis are widely used tools for determining market definition in merger and sometimes other antitrust matters. However, the standard techniques used to test for a relevant antitrust market are incorrect when the firms in question operate two-sided platforms....

The advent of big data analytics has favoured the emergence of forms of price discrimination based on consumers' profiles and their online behaviour (i.e. personalised pricing). The paper analyses this practice as a possible exploitative abuse by dominant online platforms. The paper argues that,...