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Exploitative abuse of a dominant position: a bad idea that now should be abandoned 剥削性滥用支配地位：现在应该放弃的坏主意
European Competition Journal Pub Date : 2021-01-24 DOI: 10.1080/17441056.2021.1930451
G. Werden
{"title":"Exploitative abuse of a dominant position: a bad idea that now should be abandoned","authors":"G. Werden","doi":"10.1080/17441056.2021.1930451","DOIUrl":"https://doi.org/10.1080/17441056.2021.1930451","url":null,"abstract":"ABSTRACT Exploitative abuse of a dominant position is a long-recognized category of infringements of what is now Article 102 TFEU. Article 102’s prohibition originated in the EEC Treaty, which broke down barriers and prohibited restraints on competition so the free market could reign. But every exploitative abuse case is a breach of faith in the market. And punishing exploitative abuse weakens the rule of law: No rule or standard controls, so potential infringers have no way to know what is expected of them. Exploitative abuse should be abandoned, and this essay argues that doing so would not disrespect the text of Article 102, ignore the intentions of the EEC Treaty’s drafters, or undermine any stated goal of the Treaty.","PeriodicalId":52118,"journal":{"name":"European Competition Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/17441056.2021.1930451","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47212559","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
Platform markets, dominance issues and single- and multi-homing of merchants: a real or hypothetical choice? 平台市场、主导地位问题以及商家的单一和多重归属：是真实的还是假设的选择？
European Competition Journal Pub Date : 2021-01-17 DOI: 10.1080/17441056.2021.1872928
A. Andreangeli
{"title":"Platform markets, dominance issues and single- and multi-homing of merchants: a real or hypothetical choice?","authors":"A. Andreangeli","doi":"10.1080/17441056.2021.1872928","DOIUrl":"https://doi.org/10.1080/17441056.2021.1872928","url":null,"abstract":"ABSTRACT This article considers the implications of restricting the ability of business users to interact with a plurality of platforms for competition between platforms and between the merchants themselves. After examining the economic implications of the merchants’ choice of single- versus multi-homing, the article will analyse the legality of two practices that can restrict, if not altogether deny, the ability of merchants to choose whether to use one or a plurality of platforms in light of the EU Competition rules, namely exclusivity clauses and across platforms parity agreements. It will be argued that due to the features of platform markets, the ability of merchants to multi-home should be preserved so as to ensure that these markets remain open and competitive and that the incentive for new intermediaries to continue innovating in the way they provide their services.","PeriodicalId":52118,"journal":{"name":"European Competition Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/17441056.2021.1872928","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41977218","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
What if error risk could embrace uncertainty? 如果错误风险可能包含不确定性呢?
European Competition Journal Pub Date : 2021-01-02 DOI: 10.1080/17441056.2020.1863038
Erwann Kerguelen
{"title":"What if error risk could embrace uncertainty?","authors":"Erwann Kerguelen","doi":"10.1080/17441056.2020.1863038","DOIUrl":"https://doi.org/10.1080/17441056.2020.1863038","url":null,"abstract":"ABSTRACT Aiming at lowering false positive errors (type I error), antitrust enforcement in the digital sector may have neglected false negative errors (type II error), notably due to the assessment of uncertainty, as a probability of occurrence of harm and as a consequence of the incredible dynamics of these markets.","PeriodicalId":52118,"journal":{"name":"European Competition Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/17441056.2020.1863038","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47465302","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 law and the digital economy: the framework of remedies in the digital era in the EU 竞争法与数字经济：欧盟数字时代的补救框架
European Competition Journal Pub Date : 2021-01-02 DOI: 10.1080/17441056.2020.1860565
Stavros Aravantinos
{"title":"Competition law and the digital economy: the framework of remedies in the digital era in the EU","authors":"Stavros Aravantinos","doi":"10.1080/17441056.2020.1860565","DOIUrl":"https://doi.org/10.1080/17441056.2020.1860565","url":null,"abstract":"ABSTRACT In the present paper, we consider the question of the effectiveness of the remedies imposed by the EC. Our fundamental analysis stems from the reciprocal influence between Competition Law and the Digital Economy. Nowadays, Competition Law has a profound role, affecting not only direct undertakings worldwide but also indirectly by having an impact on our daily life and protecting customers. In recent years, however, the idea of creating a culture of innovation among companies has prevailed. For more than 20 years, the Digital Economy is also part of our life characterizing markets by rapid innovation and technological sophistication. The digital era has introduced the global network of economic activities and commercial transactions enabled by information and communication technologies. Through innovative products/ideas, not only the companies themselves benefit by increasing their productivity and consequently constantly creating new jobs (Alibaba, Amazon), but also consumers having the opportunity to choose a plethora of products at the best possible price.","PeriodicalId":52118,"journal":{"name":"European Competition Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/17441056.2020.1860565","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43033031","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
Two-sided market definition: some common misunderstandings 双边市场定义:一些常见的误解
European Competition Journal Pub Date : 2021-01-02 DOI: 10.1080/17441056.2020.1851478
Gunnar Niels, Helen Ralston
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引用次数: 2
GDPR Myopia: how a well-intended regulation ended up favouring large online platforms - the case of ad tech GDPR短视:一项本意良好的监管如何最终有利于大型在线平台——以广告技术为例
European Competition Journal Pub Date : 2020-12-18 DOI: 10.1080/17441056.2020.1848059
D. Geradin, Theano Karanikioti, Dimitrios Katsifis
{"title":"GDPR Myopia: how a well-intended regulation ended up favouring large online platforms - the case of ad tech","authors":"D. Geradin, Theano Karanikioti, Dimitrios Katsifis","doi":"10.1080/17441056.2020.1848059","DOIUrl":"https://doi.org/10.1080/17441056.2020.1848059","url":null,"abstract":"ABSTRACT This paper argues that while the GDPR has arguably delivered positive outcomes by enhancing the protection afforded to data subjects, it has also had adverse effects on competition by strengthening the position of large online platforms in certain markets. In addition, the GDPR has given large platforms a tool to harm rivals by restricting access to the data they need to compete effectively. The present paper focuses on digital advertising and the ad tech industry, where the GDPR appears to have strengthened Google and Facebook. The purpose of this paper is not to call for the weakening of the GDPR, whose positive impact on users cannot be ignored. While from a policy standpoint regulators should thus maintain or even increase the level of protection offered by this legislation, it is vital that they take steps to mitigate its adverse effects on other dimensions of welfare, such as competition.","PeriodicalId":52118,"journal":{"name":"European Competition Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/17441056.2020.1848059","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47099789","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: 14
Sanctioning unfair pricing under Art. 102(a) TFEU: yes, we can! 根据TFEU第102(a)条制裁不公平定价:是的，我们可以!
European Competition Journal Pub Date : 2020-12-18 DOI: 10.1080/17441056.2020.1860566
M. Botta
{"title":"Sanctioning unfair pricing under Art. 102(a) TFEU: yes, we can!","authors":"M. Botta","doi":"10.1080/17441056.2020.1860566","DOIUrl":"https://doi.org/10.1080/17441056.2020.1860566","url":null,"abstract":"ABSTRACT Traditionally, unfair pricing cases were considered a “taboo” in EU competition policy. During the recent years, however, the European Commission and a number of National Competition Authorities have investigated unfair pricing cases. Therefore, national and EU courts had the opportunity to rule on unfair pricing cases, by thus clarifying the legal test. The paper shows that United Brands is not the “only” legal test to assess unfair pricing cases; the CJEU has endorsed alternative “benchmarking” methods. Recent jurisprudence has also introduced some “safeguard tools” to minimize the risk of false negative errors, such as the requirement for the competition agency to verify its findings under “multiple” tests and the possibility for the dominant firm to put forward “objective justifications”. The paper argues that the legal test of unfair pricing cases is becoming “clearer”, by thus contributing to a further shift from the traditional non-enforcement paradigm.","PeriodicalId":52118,"journal":{"name":"European Competition Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/17441056.2020.1860566","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45953183","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
Platform businesses and market definition 平台业务和市场定义
European Competition Journal Pub Date : 2020-12-18 DOI: 10.1080/17441056.2020.1851477
Rhonda L. Smith, A. Duke
{"title":"Platform businesses and market definition","authors":"Rhonda L. Smith, A. Duke","doi":"10.1080/17441056.2020.1851477","DOIUrl":"https://doi.org/10.1080/17441056.2020.1851477","url":null,"abstract":"ABSTRACT Since the recognition of the platform business model, the following dichotomy has been largely accepted – analyze the conduct of a transaction platform in a single market including both customer groups and the conduct of a non-transaction platform in separate markets based on customer groups. In this article we argue that a single market should be defined to assess the effects of conduct engaged by a nontransaction platform business. Such an approach is consistent with the purposive nature of market definition, recognizes that conduct (anti-competitive or otherwise) has implications for the whole platform business and avoids conduct being incorrectly classified.","PeriodicalId":52118,"journal":{"name":"European Competition Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/17441056.2020.1851477","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47456631","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: 1
Excessive prices: a new analytical approach 价格过高：一种新的分析方法
European Competition Journal Pub Date : 2020-11-21 DOI: 10.1080/17441056.2020.1839227
Walid Gani
{"title":"Excessive prices: a new analytical approach","authors":"Walid Gani","doi":"10.1080/17441056.2020.1839227","DOIUrl":"https://doi.org/10.1080/17441056.2020.1839227","url":null,"abstract":"ABSTRACT Proving the excessiveness of the dominant firm's prices constitutes a challenging task for young competition authorities, due to the difficulties in confronting economic theories with facts and the lack of analytical tools to carry out robust investigations. To handle these issues, this paper proposes a statistical algorithm centred on the analysis of the prices and mark-up of the dominant firm. An empirical study involving the use of real industrial data is carried out to show the implementation of the proposed statistical algorithm. The results reveal that the excessiveness of the dominant firm's prices is due to the excessiveness of its mark-up over the total cost. Our findings also show that the pricing behaviour of the dominant firm remains unpredictable in the absence of a large amount of data for the analysis of demand patterns, a direct measurement of the marginal cost, and a good knowledge of market functioning.","PeriodicalId":52118,"journal":{"name":"European Competition Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/17441056.2020.1839227","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46471187","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: 1
Loyalty rebates and the more economic approach to EU competition law 忠诚度回扣和更经济的欧盟竞争法
European Competition Journal Pub Date : 2020-11-05 DOI: 10.1080/17441056.2020.1834973
Peter van Wijck
{"title":"Loyalty rebates and the more economic approach to EU competition law","authors":"Peter van Wijck","doi":"10.1080/17441056.2020.1834973","DOIUrl":"https://doi.org/10.1080/17441056.2020.1834973","url":null,"abstract":"ABSTRACT In 2009 the European Commission published the art. 102 guidance regarding abusive exclusionary conduct by dominant undertakings. The guidance is based on the more economic approach to competition policy. This paper investigates the welfare implications of the more economic approach to loyalty rebates. First, the paper presents an economic framework linking weights attached to probabilities of false positives and negatives and the legal norm. After that, the paper discusses cases before the guidance paper (i.a. Hoffmann-La Roche), the guidance paper itself, and cases after the guidance paper (i.a. Intel). In the period after the guidance paper, we observe a non-linear increase in the weight attached to preventing false positives. The paper concludes that to further limit welfare losses due to false positives, the category of rebates that is assumed to be abusive should be defined in a restrictive way. Furthermore, in law enforcement priority should be given to cases that, considering all the circumstances, can be expected to be most harmful to consumers.","PeriodicalId":52118,"journal":{"name":"European Competition Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/17441056.2020.1834973","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45266551","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
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