Competition Law Journal最新文献_第5页

Theories of mitigation by cost reduction in competition law-related damages cases 竞争法相关损害赔偿案件中通过降低成本来减轻损失的理论

Competition Law Journal Pub Date : 2022-01-01 DOI: 10.4337/clj.2022.01.02

S. Barker, James Harvey

引用次数: 0

The rise of dark patterns: does competition law make it any brighter? 黑暗模式的兴起:竞争法会让它更光明吗?

Competition Law Journal Pub Date : 2022-01-01 DOI: 10.4337/clj.2022.03.06

引用次数: 0

Potential competition 潜在竞争

Competition Law Journal Pub Date : 2021-12-28 DOI: 10.4337/clj.2021.04.06

C. Harrison, James W. Wright

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The Berendsen (Elis)/Kings Laundry transaction: an ex post assessment of the contract divestment remedy Berendsen（Elis）/Kings Laundry交易：合同撤资补救措施的事后评估

Competition Law Journal Pub Date : 2021-12-28 DOI: 10.4337/clj.2021.04.02

P. Gorecki

{"title":"The Berendsen (Elis)/Kings Laundry transaction: an ex post assessment of the contract divestment remedy","authors":"P. Gorecki","doi":"10.4337/clj.2021.04.02","DOIUrl":"https://doi.org/10.4337/clj.2021.04.02","url":null,"abstract":"An article published in 2020 in the Competition Law Journal argued that, on an ex ante basis, the contract divestment remedy package agreed by Ireland’s competition agency in the Berendsen (Elis)/Kings Laundry transaction would be unlikely to mitigate the agency’s competition concerns. In particular, the remedy package would not lead to successful entry into the supply of flat linen rental services for hospitals. This article is an ex post assessment of that remedy. Given the remedy’s fix-it-first nature, the agency was satisfied that entry was both likely and timely. However, the evidence to date – more than 12 months after the entrant took title to the contracts – suggests that entry has not been sufficient. Indeed, the entrant is conspicuous by its absence from the supply of flat linen rental services for hospitals. Such an outcome is consistent with the incentives of the merged entity to select a weak competitor, reinforced by the excessively narrow set of assets that constituted the contract remedy package. Prohibition or a strengthened contract divestment package would have been better alternatives. Such an apparent relaxation of merger control suggests that Ireland’s competition agency needs to reassess its approach to problematic mergers that are likely to damage consumer welfare.","PeriodicalId":36415,"journal":{"name":"Competition Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46753546","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Gender differences in surveys for market definition and merger analysis 市场定义和合并分析调查中的性别差异

Competition Law Journal Pub Date : 2021-12-28 DOI: 10.4337/clj.2021.04.04

Lola Damstra, Ludovica Salvyuolo, Gunnar Niels

引用次数: 0

Merger litigation: more recent developments 合并诉讼：最新进展

Competition Law Journal Pub Date : 2021-12-28 DOI: 10.4337/clj.2021.04.03

M. O’Regan

{"title":"Merger litigation: more recent developments","authors":"M. O’Regan","doi":"10.4337/clj.2021.04.03","DOIUrl":"https://doi.org/10.4337/clj.2021.04.03","url":null,"abstract":"There has been a recent increase in merger-related litigation before the Competition Appeal Tribunal, driven largely by an increase in merger prohibition decisions taken by the Competition and Markets Authority. An earlier article considered several merger judgments of the CAT. The present article considers the outcomes of subsequent appeals in two of these cases, Facebook (concerning the CMA’s powers to impose interim enforcement orders) and JD Sports (in which the CAT quashed the CMA’s finding of a substantive lessening of competition). It also considers the outcome of two then pending challenges to CMA decisions to prohibit mergers, FNZ and Sabre. In particular, the Sabre case concerned the CMA’s power to assert jurisdiction, under the share of supply test, to review a merger between two American companies in circumstances where the target company had no direct revenues from customers located in the UK. The judgments in Facebook and Sabre are likely to be of particular relevance to parties that choose not to notify voluntarily their merger to the CMA and so expose themselves to the risk of the CMA identifying and then opening an own initiative investigation into that merger; they confirm that the CMA has a broad discretion in applying the share of supply test and in adopting an IEO of broad scope to the businesses of both merger parties.","PeriodicalId":36415,"journal":{"name":"Competition Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43664867","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Fuel for thought? Developments in CMA local merger assessment 思考的燃料？CMA本地合并评估的发展

Competition Law Journal Pub Date : 2021-12-28 DOI: 10.4337/clj.2021.04.01

D. Gore

{"title":"Fuel for thought? Developments in CMA local merger assessment","authors":"D. Gore","doi":"10.4337/clj.2021.04.01","DOIUrl":"https://doi.org/10.4337/clj.2021.04.01","url":null,"abstract":"This article considers ongoing developments in the Competition and Markets Authority's approach to local merger assessment as highlighted by its recent EG/Asda Phase I decision. The CMA appears to be moving away from its traditional two-stage approach of applying initial competition filters augmented by detailed local assessment of cases identified by those filters, and towards a binary system determined solely on the basis of mechanical rules. This shift has been justified on the grounds of procedural efficiency and as providing a more systematic approach to local merger review. This article demonstrates that the CMA's decisional practice shows that the move away from two-stage filtering is not justified by efficiency considerations, and that the emerging approach of using mechanical rules reduces the quality of merger control by disregarding relevant evidence at the expense of relatively crude structural thresholds. Whereas merger control over the past two decades has generally moved away from thresholds based on numbers of firms or market shares, the CMA's adoption of mechanical decision rules appears to be moving back towards such an approach for the Phase I assessment of local mergers. The new approach may be related to a more general CMA shift towards avoiding the risk of under-intervention in merger review, even if this is at the expense of increasing over-intervention. While the new approach to local merger review may be expected to generate greater intervention, however it will not address any perceived risk of under-intervention.","PeriodicalId":36415,"journal":{"name":"Competition Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49593399","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Competition enforcement and regulatory alternatives 竞争执法和监管备选方案

Competition Law Journal Pub Date : 2021-12-28 DOI: 10.4337/clj.2021.04.05

Thomas Akhgar, David du Parc Braham

引用次数: 1

Book review: S. Holmes, D. Middelschulte and M. Sneop (eds), Competition Law, Climate Change and Environmental Sustainability 书评:S. Holmes, D. Middelschulte和M. Sneop(编)，竞争法，气候变化和环境可持续性

Competition Law Journal Pub Date : 2021-10-28 DOI: 10.4337/clj.2021.03.05

M. O’Regan

引用次数: 0

A critical assessment of the recent proposals and reports on the regulation of digital mergers 对最近关于数字合并监管的提案和报告进行批判性评估

Competition Law Journal Pub Date : 2021-10-28 DOI: 10.4337/clj.2021.03.02

G. Gürkaynak, Kansu Aydoğan Yeşilaltay, Zeynep Ayata Aydoğan

引用次数: 0