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Recent expansive applications of the ‘object' prohibition under Article 101 Treaty on the Functioning of the European Union have left the scope of ‘object' restrictions in a state of uncertainty and incoherence. This article undertakes an unprecedented theoretical study of the ‘object'...
Persistent link: https://www.econbiz.de/10012893898
The antitrust analysis of product hopping is nuanced. The conduct, which consists of a drug company's reformulation of its product and encouragement of doctors to switch prescriptions to the reformulated product, sits at the intersection of antitrust law, patent law, the Hatch-Waxman Act, and...
Persistent link: https://www.econbiz.de/10012895537
This paper shows that two related aspects of attention platforms are important for the sound economic analysis of public policy including antitrust: First, attention platforms generate valuable content. Even though people often don't pay for content, we know from revealed preference that content...
Persistent link: https://www.econbiz.de/10012897887
The Facebook, Inc. (“Facebook”) social network, this era's new communications service, plays an important role in the lives of 2+ billion people across the world. Though the market was highly competitive in the beginning, it has since consolidated in Facebook's favor. Today, using Facebook...
Persistent link: https://www.econbiz.de/10012898176
Collegiate esports is an emerging industry, an extension of professional esports that has caught the attention of the National Collegiate Athletic Association (NCAA). The NCAA is currently exploring the possibility of taking a dominant regulatory role within collegiate esports. The leagues and...
Persistent link: https://www.econbiz.de/10012898737
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
This publication features conversations on antitrust law with Nobel Prize laureates in Economics and aims at understanding how useful their work could be to antitrust law. Given the rigor and importance of their body of work, antitrust scholars, lawyers, officials, and anyone who's interested in...
Persistent link: https://www.econbiz.de/10012899896
Patent licensing contracts commonly prohibit licensees from challenging the validity of the patents at the basis of the contract or penalize such challenges. A considerable debate has emerged as to whether courts should enforce these challenge clauses. We argue that this debate has not gone far...
Persistent link: https://www.econbiz.de/10012935082
The Opinion delivered by Advocate General Wahl in Intel v Commission (“the Opinion”) invites the Court of Justice of the EU (“CJEU”) to “refine its case-law relating to the abuse of a dominant position” under Article 102 of the Treaty on the Functioning of the EU (“TFEU”). In...
Persistent link: https://www.econbiz.de/10012935180
Since its launch in 2007, Android has become the dominant mobile device operating system worldwide. In light of this commercial success and certain disputed business practices, Android has come under substantial attention from competition authorities. We present key aspects of Google's strategy...
Persistent link: https://www.econbiz.de/10012935610