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The economic features of digital markets and the strategic role played by large platforms represent the premises of a significant shift in the approach to the interface between antitrust and regulation, whereas traditionally the former has been seen as preferable to the latter. Indeed, several...
Persistent link: https://www.econbiz.de/10012837383
To encourage private actions for damages in antitrust cases some jurisdictions subtract a fraction of the redress from the fine. We analyze the effectiveness of this policy. Such a rebate does not encourage settlement negotiations that would otherwise not occur. If, however, the parties settle...
Persistent link: https://www.econbiz.de/10012842842
Where it applies, the essential facility doctrine requires a monopolist to share its quot;essential facility.quot; Since the only qualifying exclusionary practice is the refusal to share the facility itself, the doctrine comes about as close as antitrust ever does to condemning quot;no...
Persistent link: https://www.econbiz.de/10012724068
This article analyzes the basic characteristics of the Argentine competition law and the way in which it has been enforced in several important antitrust cases. We begin with a section that introduces the evolution of the law, followed by another section about the basic economic and legal...
Persistent link: https://www.econbiz.de/10012729834
According to well-established case-law of the European Court of Justice, in the European Union, parent companies can be fined for antitrust infringements by their subsidiaries. Furthermore, under a new EU Directive, signed into law on 26 November 2014, parent company liability is likely to be...
Persistent link: https://www.econbiz.de/10012962488
On 11 June 2013 the European Commission adopted a package of instruments to facilitate damages claims by victims of antitrust damages. The main element of the package is a proposal for a directive on antitrust damages. The aim of this article is to give an overview of the content of the proposed...
Persistent link: https://www.econbiz.de/10012938281
Persistent link: https://www.econbiz.de/10012766061
The collective sale of football broadcasting rights constitutes a cartel, which, in the European Union, is only allowed if it complies with a number of conditions and obligations, inter alia, partial unbundling and the no-single-buyer rule. These regulations were defined with traditional...
Persistent link: https://www.econbiz.de/10012866938
It is hardly news to note that companies around the world have recently engaged in an escalating arms race with respect to data collection and that they have been using data collection and processing as a major growth strategy. The quickest and most efficient way for undertakings to access...
Persistent link: https://www.econbiz.de/10012869381
Traditional deterrence theory relies on a combination of probability and severity of punishment to impose a perception of sufficiently high costs to deter wrongdoing. Yet when a very high severity of punishment counters a low probability, disproportionate outcomes give rise to societal concerns...
Persistent link: https://www.econbiz.de/10012977567