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the freedom to contract and the right to peacefully enjoy one’s possessions. After briefly examining the rationale for the … the protection of property and of freedom to contract, by striking a “fair balance” between the common good and the …
Persistent link: https://www.econbiz.de/10014189723
Since 1996, the European Commission has been operating a leniency programme, under which companies cooperating with its cartel investigations can obtain immunity from fines or a reduction of fines. Leniency plays a prominent role in EU cartel enforcement today. This paper assesses the positive...
Persistent link: https://www.econbiz.de/10014126878
The present paper analyzes the interaction between the economic review of the probition of abuses of a dominant position (Article 82 EC) on the one hand and the efforts to enhance private enforcement of competition law through private damage claims on the other hand. The paper argues that...
Persistent link: https://www.econbiz.de/10013134375
The European Commission is charged with implementing the Digital Markets Act (DMA) which will impose a list of 22 do and don't to Big Tech platforms in March 2024. Based on economic and legal reasoning, this paper asks how the Commission can fulfil this challenging task effectively. The paper...
Persistent link: https://www.econbiz.de/10014263996
While the various initiatives in several jurisdictions to impose ex ante regulation on “digital gatekeepers” – i.e., large online platforms that are necessary intermediaries between business users and their customers, and which are typically protected by high barriers to entry – have...
Persistent link: https://www.econbiz.de/10013323374
The aim of this research is to provide the basic parameters for a model for the definition of the relation between the general competition and sector specific frameworks and rules regarding the regulation of the Internal Energy Market, especially after the Third Energy Package. The research...
Persistent link: https://www.econbiz.de/10014171519
This paper provides a comprehensive discussion of the deterrence properties of a competition policy regime. On the basis of the economic theory of law enforcement we identify several factors that are likely to affect its degree of deterrence: 1) sanctions and damages; 2) financial and human...
Persistent link: https://www.econbiz.de/10003909295
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
Western legal systems have historically helped establish trust between parties and reduce transactional uncertainty by providing recourse to legal procedures. Nonetheless, establishing trust still imposes significant transactional costs and blockchain may reduce them to a smaller level. In the...
Persistent link: https://www.econbiz.de/10012899077
Complexity science is widely used across the policy spectrum but not in antitrust. This is unfortunate. Complexity science enables a rich understanding of competition beyond the simplistic descriptions of markets and firms proposed by neoclassical models and their contemporary neo-Brandeisian...
Persistent link: https://www.econbiz.de/10013296286