Journal of Antitrust Enforcement最新文献_第2页

Regulatory design in the EU Digital Markets Act: no solo run for the European Commission 欧盟数字市场法》中的监管设计：欧盟委员会不能单打独斗

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Journal of Antitrust Enforcement Pub Date : 2024-05-07 DOI: 10.1093/jaenfo/jnae029

Imelda Maher

引用次数: 0

Agency Insights: The first steps of the DMA adventure 机构洞察：DMA 探险的第一步

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Journal of Antitrust Enforcement Pub Date : 2024-04-30 DOI: 10.1093/jaenfo/jnae026

Alberto Bacchiega, Thomas Tombal

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Platform regulation beyond DSA and DMA: Which role for the P2B Regulation? DSA 和 DMA 之外的平台监管：P2B 监管应扮演何种角色？

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Journal of Antitrust Enforcement Pub Date : 2024-04-12 DOI: 10.1093/jaenfo/jnae016

Christoph Busch

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News ecosystems: tackling unfinished business 新闻生态系统：处理未竟事业

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Journal of Antitrust Enforcement Pub Date : 2024-04-09 DOI: 10.1093/jaenfo/jnae015

Rupprecht Podszun

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Meta v Bundeskartellamt–data-based conduct between antitrust law and regulation Meta 诉联邦卡特尔局--反垄断法与监管之间基于数据的行为

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Journal of Antitrust Enforcement Pub Date : 2024-04-08 DOI: 10.1093/jaenfo/jnae010

Anne C Witt

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Prospects for concurrent private enforcement of the DMA and Article 102 TFEU 同时私人执行《危险物品管理法》和《欧盟运作条约》第 102 条的前景

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Journal of Antitrust Enforcement Pub Date : 2024-04-04 DOI: 10.1093/jaenfo/jnae014

Jiří Kindl

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A legal analysis of open banking in the promotion of financial data antitrust in China 中国金融数据反垄断推进中的开放银行法律分析

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Journal of Antitrust Enforcement Pub Date : 2024-03-21 DOI: 10.1093/jaenfo/jnae003

Mi Wang

{"title":"A legal analysis of open banking in the promotion of financial data antitrust in China","authors":"Mi Wang","doi":"10.1093/jaenfo/jnae003","DOIUrl":"https://doi.org/10.1093/jaenfo/jnae003","url":null,"abstract":"\u0000 Open banking develops quickly in China where several large state-owned and private commercial banks have participated in open banking, but the legal foundation is insufficient. The theoretical basis of developing open banking lies in breaking down ‘Data Silos’ to promote the free circulation of data and strengthen competition in the financial data market. Open banking could promote ‘financial data antitrust’, which means reshaping the competitive landscape through promoting the share of monopolized financial data owned by large financial institutions to break their monopoly status in the financial market. It may also bring monopoly risks to financial institutions such as data aggregators and technology platforms. Based on the regulatory and legislative experience of other regions, China should continue the ‘government-guided’ model for developing open banking and pay more attention to protecting financial consumers and increasing their data control rights to better balance privacy protection and financial data sharing. China should set up a rule for ‘financial data right separation’ and formulate antitrust regulations for data aggregators. Based on the special status of Fintech platforms, China should not copy the open banking models of developed countries, but create a ‘two-way sharing’ open banking mechanism to prevent the risk of platform data antitrust.","PeriodicalId":42471,"journal":{"name":"Journal of Antitrust Enforcement","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140223664","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

Why do people think price fixing is unfair? An empirical legal study on public attitudes in the USA 为什么人们认为操纵价格是不公平的？关于美国公众态度的法律实证研究

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Journal of Antitrust Enforcement Pub Date : 2024-03-21 DOI: 10.1093/jaenfo/jnae007

Carlos Delvasto, Ruben Acevedo

{"title":"Why do people think price fixing is unfair? An empirical legal study on public attitudes in the USA","authors":"Carlos Delvasto, Ruben Acevedo","doi":"10.1093/jaenfo/jnae007","DOIUrl":"https://doi.org/10.1093/jaenfo/jnae007","url":null,"abstract":"The present article advances the understanding of antitrust law by providing theoretical considerations and empirical results of people’s attitudes towards price fixing, specifically within the context of fairness in US antitrust laws. Attitudes were obtained through experimental surveys on Amazon Mechanical Turk in the USA between 2018 and 2021. The empirical results suggest that perceptions of fairness influence public attitudes towards price fixing. Moreover, consumer reaction to price fixing will depend on how the consumer perceives the rules of fairness underlying the competitive market mechanism and the point used to set prices (dual entitlement theory). Results indicate that perceived outcomes and consequences of market transactions influence respondents’ judgment of price fixing. For example, public attitudes will be more lenient whenever a cost-increasing event outside firms’ control affects firms’ profit. The main implication of these findings is that antitrust authorities should not take for granted that people view price fixing as unfair and therefore consider how fairness considerations play out in their approach when dealing with price-fixing cases. The suggestion is for antitrust authorities to focus corporate compliance programmes on people’s attitudes to improve compliance to prevent cartel agreements.","PeriodicalId":42471,"journal":{"name":"Journal of Antitrust Enforcement","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140202230","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}

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A new agenda for antitrust: human rights violations as anti-competitive conduct 反托拉斯的新议程：将侵犯人权行为视为反竞争行为

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Journal of Antitrust Enforcement Pub Date : 2024-03-18 DOI: 10.1093/jaenfo/jnae006

Gustavo H Kastrup

引用次数: 0

Innovation against change 以创新对抗变革

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Journal of Antitrust Enforcement Pub Date : 2024-02-22 DOI: 10.1093/jaenfo/jnae002

Andrew P McLean

{"title":"Innovation against change","authors":"Andrew P McLean","doi":"10.1093/jaenfo/jnae002","DOIUrl":"https://doi.org/10.1093/jaenfo/jnae002","url":null,"abstract":"There is presently an increased enthusiasm for competition law enforcement around the world, driven primarily by concerns about the power of digital platform companies. Against this background, this article identifies the emergence of a ‘techno-conservatism’ that invokes a ‘rhetoric of innovation’ to stymy the field’s ongoing shift towards a more interventionist paradigm. Drawing parallels between techno-conservatism and twentieth-century Chicago school conservatism, the article holds that appeals to innovation are a means of deterring enforcement against dominant companies in dynamic markets. This article contests the rhetoric of innovation, maintaining that it is possible to reconcile strong enforcement with care for innovation. It does so by raising three points. First, innovation often arises from smaller companies and deconcentrated markets. Secondly, many of the innovations associated with technology companies often have their origins in the public sector. Thirdly, innovation is not innately beneficial. It is not enough to defend dominance simply by pointing to ‘more innovation’; thought must also be given to the qualitative nature of that innovation. Taken together, these three ideas represent a useful framework with which to counter the rhetoric of innovation and defend the momentum building in competition law.","PeriodicalId":42471,"journal":{"name":"Journal of Antitrust Enforcement","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139946131","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