Blog
Papers written by academics regarding current issues debated in competition law
Assessing the Impact of MFNs or PPCs on Competition in Online Marketplaces: An Indian Competition Law Perspective
Summary: This Article performs a competition assessment of Wide and Narrow Platform Parity Clauses (PPCs) imposed on sellers wanting to avail the services of online marketplaces and intermediaries. It analyses judicial decisions from across the globe, examining the...
Time for sustainable EU competition law enforcement
Resume: Market and price mechanisms are not perfect or complete. Instead market actors generate significant negative externalities, but these are clearly not fully reconciled solely by non-antitrust regulation, unlike often argued. Current competition law enforcement...
Competition Policy and Industrial Policy: Towards a new era?
This paper is inspired by the following report: Bruno Deffains, Olivier d’Ormesson, Thomas Perroud, Competition Policy and Industrial Policy: for a reform of European Law, Robert Schuman Foundation, January 2020...
State aid and European public policy objectives
Resume: While the European State aid rules mainly aim at avoiding subsidy races between Member States in the internal market, they have increasingly been used by the European Commission to further its own public policy objectives. The European Court of Justice’s...
Competition Law and Political Influence of Large Corporations – Antitrust Analysis and the Link between Political and Economic Institutions
Resume: Economic policy determines the intensity of competition in markets. This gives incumbents the incentive to use their financial resources to influence policymaking in order to restrict competition and maintain or increase economic profits. Public authorities...
Algorithmic Search and Recommendation Systems: The Brightside, the Darkside, and Regulatory Answers
Prof. Dr. Oliver Budzinski is Professor of Economic Theory (Chair) and Director of the Institute of Economics at Ilmenau University of Technology, Germany. This paper draws on Budzinski (2020) and Budzinski, Gaenssle &Lindstädt-Dreusicke (2021). To quote this...
The French Apple competition & privacy case
To quote this paper: V. Giovannini, “The french Apple competition & privacy case”, Competition Forum, 2021, n°0018, https://competition-forum.com. Competition law & privacy. This may not be a decision on the merits, but it is already rich in lessons. In...
The growing convergence of audiovisual markets
Resume: New technologies have changed the way we consume. "Faster, anytime, anywhere" could be the slogan of this new era. The audiovisual sectoris no exception to this trend. The historical model of media broadcasting rules and calendarhas been abolished in favour of...
At the gates of the European Union: British freeports and associated State aid issues
Resume: Deploying its vision of "Global Britain" in the port sector, the British government plans to create some free ports. In addition to an adapted customs regime, these ports and their surroundings will come with significant tax and social benefits. In addition to...
The « Generics UK » precedent: will the ECJ find the way out of the « restriction by object » maze?
Disclaimer: The content of this document is the sole responsibility of the author, and the opinions expressed herein do not reflect the position of Bredin Prat law firm. Summary: In a noteworthy ruling delivered on January 30th, 2020 in response to a preliminary...
The concept of restriction of competition “by object”: An endless debate
To quote this paper: Florian OLBRECHTS, “The Concept of restriction of competition “by object”: An endless debate”, Competition Forum, 2021, n° 0011, available at: https://competition-forum.com. Would it seem justifiable that a concept of European competition law,...
Pricing Algorithms & Competition Law: How to think optimally the European competition law framework for pricing algorithms?
Resume: Pricing algorithms are increasingly used as a new tool by businesses to respond to an old problem of economic theory: setting the right price on the market for a given product. If such algorithms can have multiple benefits for the consumer and the market, they...
Towards New Tools in Competition Law: Some legal and economic considerations
Summary:The treatment of digital platforms by competition laws is the subject of numerous reflections in the economic and legal literatures as well as in the sphere of public policy. The two preliminary impact assessments issued by the Commission, the “New Competition...
Defining markets in a new age: Save the relevant market now!
Resume. In a speech entitled “Defining markets in a new age”, delivered at the conference organized by Chillin’ Competition in Brussels on December, 9, 2019, the European Commission’s Vice-President, Margrethe Vestager, announced the forthcoming revision of the...
The New Competition Tool: A Trojan Horse to win the war against liberty
To quote this paper: Maya-Salomé Garnier, “The New Competition Tool: A Trojan Horse to win the war against liberty”, Competition Forum, 2020, art. n° 0005, https://www.competition-forum.com/. The EU Commission initiated in June 2020 a consultation about a...