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The Advocate General's Opinion in Intel v Commission : Eight Points of Common Sense for Consideration by the CJEU

Petit, Nicolas - 2018

The Opinion delivered by Advocate General Wahl in Intel v Commission (“the Opinion”) invites the Court of Justice of the EU (“CJEU”) to “refine its case-law relating to the abuse of a dominant position” under Article 102 of the Treaty on the Functioning of the EU (“TFEU”). In...

Persistent link: https://www.econbiz.de/10012935180

The Antitrust and Intellectual Property Intersection in European Union Law

Petit, Nicolas - 2018

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 the antitrust-IP intersection. The most interesting feature of this literature … intersection point reached by the antitrust case-law. Whilst the theory of “absolutism” can be quickly disposed of, several other …

Persistent link: https://www.econbiz.de/10012935999

The Curious Case of Italian Interlocking Directorates

Ghezzi, Federico Cesare Guido - 2020

In this paper, we provide an overview of the Italian legislation on interlocking directorates and its enforcement in the last decade. Italy is the only EU Member State to have introduced a specific anti-interlocking provision aimed at promoting competition in the banking, insurance, and...

Persistent link: https://www.econbiz.de/10012827133

Online Platforms and Pricing : Adapting Abuse of Dominance Assessments to the Economic Reality of Free Products

Bostoen, Friso - 2019

Online platforms, which are at the forefront of today's economy, are subject to intensive competition law enforcement. However, the platform business model presents challenges for the application of competition law. Most notably, they appear to offer consumers a great number of their products...

Persistent link: https://www.econbiz.de/10012869596

Resolving Reverse-Payment Settlements with the Smoking Gun of Stock Price Movements

McGuire, Thomas G. - 2016

The Supreme Court recently held that in reverse-payment settlements of drug patent disputes, anticompetitive effects can be inferred if the reverse payment exceeds the patent holder's anticipated litigation costs, absent some offsetting justification. Application of this standard is problematic...

Persistent link: https://www.econbiz.de/10013004927

Innovation Competition, Unilateral Effects and Merger Policy

Petit, Nicolas - 2020

This paper looks at whether the standard unilateral effects model can be applied to non-price competition parameters such as innovation. This question arises because competition authorities are intervening in horizontal mergers that are found to give rise to a “significant impediment to...

Persistent link: https://www.econbiz.de/10012852989

Intel, Leveraging Rebates and the Goals of Article 102 TFEU

Petit, Nicolas - 2020

This paper reviews the 2014 Intel judgment of the General Court of the EU in relation to exclusivity rebates given by dominant firms. It distinguishes between the positive issue – ie the legal standard currently applicable to the assessment of dominant firms' rebates – and the prospective...

Persistent link: https://www.econbiz.de/10012856326

Two-Sided Markets and the Challenge of Turning Economic Theory into Antitrust Policy

Auer, Dirk - 2020

theory of two-sided markets and whether the two-sided markets literature can readily be applied by antitrust agencies …

Persistent link: https://www.econbiz.de/10012856370

State-Created Barriers to Exit? The Example of the Acquisition of Alstom by General Electric

Petit, Nicolas - 2020

are increasingly vocal. Moreover, our analysis may have implications for antitrust policy. As much as entry barriers …, barriers to exit prevent the emergence of competitive markets and are thus a concern for antitrust agencies. Moreover, State … interference with M&A risk undermining the efficacy of merger control systems, in depriving the antitrust agencies' of the ability …

Persistent link: https://www.econbiz.de/10012856460

Optimal Enforcement of Competition Policy : The Commitments Procedure Under Uncertainty

Gautier, Axel - 2020

Since the introduction of a formal commitments procedure in EU antitrust policy (Article 9 of Council Regulation 1 …

Persistent link: https://www.econbiz.de/10012856496