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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
The antitrust duty to deal is perhaps the most confounding and controversial form of antitrust intervention. It is sought by plaintiffs in situations where a monopolist controls a critical input (or “essential facility”) and unilaterally refuses to sell access to rivals. Courts have...
Persistent link: https://www.econbiz.de/10013217089
The European Commission has proposed a new regulatory tool for the governance of digital markets. The Digital Markets Act (DMA) intents to limit the market behavior of so-called gatekeeper companies to ensure contestable and fair digital markets. We review the provisions of the DMA both from a...
Persistent link: https://www.econbiz.de/10012652861
The European Commission has proposed a new regulatory tool for the governance of digital markets. The Digital Markets Act (DMA) intents to limit the market behavior of socalled gatekeeper companies to ensure contestable and fair digital markets. We review the provisions of the DMA both from a...
Persistent link: https://www.econbiz.de/10013407158
The question of whether and how partial common-ownership links between strategically interacting firms affect firm objectives and behavior has been the subject of theoretical inquiry for decades. Since then, the growth of intermediated asset management and consolidation in the asset-management...
Persistent link: https://www.econbiz.de/10012932628
Although competition law and IP law probably pursue complementary goals, competition laws can:(i) affect remedies available for patent infringement; and/or otherwise,(ii) limit the conduct of patentees, particularly when transferring or licensing their patents. This chapter discusses the cases...
Persistent link: https://www.econbiz.de/10014111433
This paper presents a broad retrospective evaluation of mergers and merger decisions in the digital sector. We first discuss the most crucial features of digital markets such as network effects, multi-sidedness, big data, and rapid innovation that create important challenges for competition...
Persistent link: https://www.econbiz.de/10012138666
As the COVID-19 crisis unfolded, the European Commission (Commission) started labelling its enforcement of European Union (EU) competition law as exceptional. A Temporary Framework for State Aid was issued for the ‘current exceptional circumstances’ describing multiple types of aid dealing...
Persistent link: https://www.econbiz.de/10014351332
Lead jurisdiction models represent one option how to extend and enhance contemporary interagency cooperation among competition policy regimes. They constitute a multilateral, case-related form of cooperation that is suited to effectively create a one-stop-shop for the prosecution of...
Persistent link: https://www.econbiz.de/10010366940
This paper deals with the application of the principle of 'ne bis in idem' in EC antitrust enforcement. The principle of 'ne bis in idem', laid down in Article 4 of Protocol 7 to the European Convention on Human Rights and in Article 50 of the Charter of Fundamental Rights of the European Union,...
Persistent link: https://www.econbiz.de/10014211856