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This paper discusses challenges for competition authorities in the 21st century. Those challenges were identified on the basis of a statistical review of the articles published since January 2011 in five major antitrust law journals. The assumption underlying this literature review is that the...
Persistent link: https://www.econbiz.de/10013087815
This paper offers a complete overview of the oligopoly problem in competition law and economics, with a specific focus on European Union (EU) law. A related purpose of the paper is to challenge the dominant view that merger control is the ultimate preventive remedy against tacit collusion. On...
Persistent link: https://www.econbiz.de/10013091671
This paper investigates whether EU or national law provide legal authority to impose a direct or indirect obligation on Standard Essential Patent (“SEP”) holders to license at all levels of the value chain, including at component level (“license to all”, hereafter LTA). Extensive...
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This paper shows that the technology giants that antitrust agencies tend to characterize as entrenched monopolists can also be seen as firms engaged in a process of vibrant oligopolistic competition. Those firms - we refer to them as "moligopolists" - compete against the non-consumption in...
Persistent link: https://www.econbiz.de/10012902755
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
In European legal scholarship, many articles discuss the equilibrium reached in the case-law of the Court of Justice of 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...
Persistent link: https://www.econbiz.de/10012935999
The main objective of this article is to shed light on the compatibility of price discrimination with EC competition law. We offer an analytical framework which distinguishes between different categories of price discrimination depending on their effects on competition. Our framework suggests...
Persistent link: https://www.econbiz.de/10012758791