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Periods of profound innovation and technological change invariably result in short run winners and losers. The rise of big box retailers like Wal-Mart, as well as the existence of large supermarket chains, has led competition authorities to focus anew on the issue of buyer power. Antitrust...
Persistent link: https://www.econbiz.de/10014062428
Brands and brand management have become a central feature of the modern economy and a staple of business theory and business practice. Contrary to the law’s conception of trademarks, brands are used to indicate far more than source and/or quality. This volume begins the process of broadening...
Persistent link: https://www.econbiz.de/10014036250
The paper explores what factors influence an effectiveness of antimonopoly policy in transition economies on a local (territorial) level. The empirical evidence on national level suggests that an effective implementation of antimonopoly policy depends mostly on a number of macroeconomic factors....
Persistent link: https://www.econbiz.de/10014041080
Although competition law and IP law probably pursue complementary goals, competition laws can:(i) affect remedies available for patent infringement; and/or otherwise,(ii) limit the conduct of patentees, particularly when transferring or licensing their patents. This chapter discusses the cases...
Persistent link: https://www.econbiz.de/10014111433
One of the explicit aims of the Directive on competition damages actions (the Directive) is to make the quantification of harm resulting from violations of European Union (EU) competition rules easier for damages claimants. One of the several ways envisioned by the Directive to achieve that aim...
Persistent link: https://www.econbiz.de/10014091447
This paper provides comments on the investigation by the US House Judiciary Committee (“the Committee”) into the state of competition in the digital marketplace. The comments focus on the third topic identified by the Committee:"Whether the institutional structure of antitrust enforcement...
Persistent link: https://www.econbiz.de/10014096413
Antitrust has been doubly disempowered: we can no longer effectively regulate corporate power and many forms of corporate power are now irrelevant to antitrust analysis. Drawing on the interconnected histories of antitrust and corporate law, this article makes the case for empowering corporate...
Persistent link: https://www.econbiz.de/10014103041
There is widespread support for antitrust reform, fueled mainly by concerns about major platforms like Google, Facebook, and Amazon. Many believe that these companies have become too large and that they use their power in harmful ways. In the United States, some of the most aggressive reforms...
Persistent link: https://www.econbiz.de/10014082812
This chapter analyzes Big Data and Big Data abuses of market power. The chapter provides an overview of developments under both EU and US case law relevant to such abuses as well as some of the economic underpinnings of such an analysis. While there are not many cases specific to this interface,...
Persistent link: https://www.econbiz.de/10013307570
Large platforms are often accused of refusing to serve (or discriminating against) competing sellers in adjacent product markets. Antitrust law labels such activity a unilateral “refusal to deal” (RTD) and evaluates it under a predation-like framework shaped by the two leading RTD cases,...
Persistent link: https://www.econbiz.de/10014345234