The power of today’s tech giants has prompted calls for changes in antitrust law and policy which, for decades, has been exceedingly permissive in merger enforcement and in constraining dominant firm conduct. Economically, the fear is that the largest digital platforms are so dominant and its...

We illustrate conditions under which a trade platform selling its own products along with third-party sellers benefits or harms consumers. This benefits consumers by lowering prices in a suite of models: a gatekeeper platform facing competitive fringe of sellers, when fringe sellers can also...

2021 will likely be counted as one of the most monumental years in the history of Korean competition law and policy. Above all, the amendment of Korean competition law, Monopoly Regulation and Fair Trade Act (“Korean competition law”), which significantly overhauled it, was entered into...

German Abstract: Mit einem im April 2021 erfolgten Update seiner mobilen Betriebssysteme hat Apple weltweit ein neues Datennutzungskonzept ausgerollt: App-Entwickler müssen nun einen durch Apple vorgegebenen Pop-Up-Dialog anzeigen, der Endnutzern ermöglicht, jedem „Tracking“ pauschal zu...

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...

Search engines face an interesting tradeoff in choosing the way to display their results. While providing high quality unpaid, or “left side” results attracts users, doing so can also cannibalize the revenue that comes from paid ads on the “right side”. This paper examines this tradeoff,...

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...

This article examines the treatment in the EU of trade secrets, which are not recognized in many EU Member States as intellectual property. The authors analyze the EU’s obligations under international treaties (notably TRIPS) and under European law (notably the EU Charter of Fundamental Rights...

Trademark law’s current conception of information and how trademarks enable information transmission is underdeveloped. It has led to a world where trademark law hinders rather than “fosters the flow of information in markets.” Instead of promoting information exchange across and within...

Competition law enforcement in the EU and in most EU Member States follows an administrative model: decisions on the infringement and on the fine are taken by an administrative agency; when courts are called upon to review these decisions they traditionally leave a large measure of discretion to...