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Facebook is under fire on several fronts and with good reason. Regulators strive to make sense of and address a plethora of seemingly unrelated issues that arise from the operation of its platform. These range from antitrust, privacy violations, dissemination of harmful content and speech,...
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This chapter examines the way that EU competition law applies to exclusionary pricing abuses, focusing on predatory pricing, selective low pricing, margin squeeze, rebates and other forms of price discrimination. It considers whether the evolution in the jurisprudence reflects a less formalistic...
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The question if antitrust policy should protect new entrants is related to the schism between “protection of competition” and “protection of competitors” in Article 102 TFEU. As it was not always clear that the aim of Article 102 TFEU was consumer welfare, the US claimed that the EU was...
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This article explains that the concepts of economic freedom and consumer welfare are based on fundamentally different values, as there seem to be some confusion as to whether these two concepts are in conflict. It is important for the modernisation of Article 102 to acknowledge that there exists...
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This article deals specifically with the different effects-based approaches that have been taken to Article 102 prior to and after the European Commission’s change of policy in this area of law. Studying this topic now is particularly important for three main reasons. First, Article 102 has...
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