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Unfair practices by online platforms have not only exclusionary effects on relevant markets but also exploitative effects on captive business users (and/or individual users). Nevertheless, attention is lopsided with most of the focus having been placed on the exclusionary abuse. With the aim of...
Persistent link: https://www.econbiz.de/10014350165
fall within a category of unilateral conduct that is virtually impossible to challenge under existing antitrust law. To … evaluating platform discrimination in a practicable way that is consistent with core antitrust principles. Following other recent …
Persistent link: https://www.econbiz.de/10014256008
The triumph of the self-preferencing doctrine is not confined to Europe but is found in many other jurisdictions as well. Korea is a case in point. On December 14, 2022, the Seoul High Court decided that the Korean competition authority (i.e., Korea Fair Trade Commission, ‘KFTC’) was right...
Persistent link: https://www.econbiz.de/10014257273
, antitrust enforcers have usually been reluctant to engage with the unfairness of terms and conditions. Nonetheless, against the …
Persistent link: https://www.econbiz.de/10014260900
The newly enacted Digital Markets Act (DMA) finds itself at a crossroads. The DMA can develop into a specialist field of competition law for digital platforms or it can evolve into a new field of EU law, detached from competition law. The DMA’s ultimate trajectory will depend on the legal...
Persistent link: https://www.econbiz.de/10014260975
Fairness considerations are increasingly evoked in economic policy and have become part of the current conversation on the objectives of competition policy. While fairness is undoubtedly an acceptable objective by itself and has its place in the history of economic regulation, its treatment in...
Persistent link: https://www.econbiz.de/10014261511
’s attempts to save itself by negotiating payments from social media companies, promoting antitrust action against them, and …
Persistent link: https://www.econbiz.de/10014264597
Severe limitations on antitrust enforcement officials’ knowledge and the potential impact of ill-advised investigations … single-firm conduct. Although it is common to depict antitrust enforcement as protecting market competition while other forms … of regulation are seen as intrusions (justifiable or not) into market operation, antitrust enforcement has …
Persistent link: https://www.econbiz.de/10014166211
Courts and commentators are sharply divided about how to assess “reverse payment” patent settlements under antitrust …
Persistent link: https://www.econbiz.de/10014167001
With the publication of the “Proposal for a Regulation on harmonised rules on fair access to and use of data (Data Act)” in February 2022, the European Commission has delivered the centrepiece of its “European strategy for data”. The Draft Data Act proposes a horizontal right of access...
Persistent link: https://www.econbiz.de/10014244102