Algorithms are increasingly employed by businesses as an integral part of their business models given the availability of big data and breakthroughs in artificial intelligence technology and application. While the competition landscape has shifted to a digital environment, questions have been...

The German Federal Cartel Office and the Austrian Federal Competition Authority have recently published a draft "Guidance on Transaction Value Thresholds for Mandatory Pre-merger Notification (Section 35(1a) GWB and Section 9(4) KartG)" for public consultation. Prof. Dr. Christian Kersting,...

This short paper, which takes the form of observations submitted to the European Commission in the context of its decision to host a conference in Brussels in January 2019 on “Shaping competition policy in the era of digitisation”, seeks to make the following points. First, while caution...

When competition law is used to promote public interest, certain restrictive conduct may be immunized, while some pro-competitive behavior suppressed. This paper discusses the risks to market competition, institutions and consumer welfare of accommodating public interest concerns in competition...

This comment is submitted by the Global Antitrust Institute (GAI) at Scalia Law School at George Mason University to the U.S. Federal Trade Commission regarding its hearings on Competition and Consumer Protection in the 21st Century, The Consumer Welfare Standard in Antitrust Law. The GAI...

This comment is submitted by the Global Antitrust Institute (GAI) at Scalia Law School at George Mason University to the U.S. Federal Trade Commission regarding its hearing on Concentration and Competitiveness in the U.S. Economy as part of the Hearings on Competition and Consumer Protection in...

Despite the increasingly market-friendly approach to unfair competition law (UCL) adopted by EU law, the protection of competitors from unfair trading practices (B2B) remains a salient feature in certain jurisdictions. Such a feature can be the source of tension with European law on at least two...

This short paper summarizes the main findings of a comprehensive study the authors conducted on the way “vertical restraints” adopted by dominant firms (with a focus on exclusive dealing, rebates and discounts and tying) have been treated by enforcement agencies and courts in the European...

Since the Belgian and Dutch legal systems are relatively similar, one would expect similar levels of antitrust litigation. The data gathered for this article shows this is not the case. In both countries, claimants and defendants alike regularly invoke antitrust law to obtain injunctive relief...

Unlike other industries, significant changes in the airline industry have not mainly occurred due to technological changes, but rather as a result of developments in the applicable legal framework and various institutional reforms. As a consequence of the deregulation wave which dates back to...