Blog
Papers written by academics regarding current issues debated in competition law
Follow-on action in dairy products cartel: retailers granted damages by the Paris Court of Appeal
Summary: On November 24th, 2021, the Paris Court of Appeal upheld claims by retailers in the follow-on action subsequent to the decision of the French Competition Authority on the dairy products cartel in 2015. This decision led to several dairy producers being fined...
An introspection on the FTC’s withdrawal of 2020 Vertical Merger Guidelines
Resume: On the 15th of September 2021, 2020 Vertical Merger Guidelines were withdrawn by the Federal Trade Commission only a short year after they were adopted in June 2020. It is possible to find two main points of focus in the Statement of the majority: (1) a...
The first decision under the « new » article 22 of the Merger Regulation in Illumina/Grail case
Resume: For the first time, a merger is analyzed under the new interpretation of article 22 of the Merger Regulation. Recently, the European Commission announced that the provision will be broadly interpreted with the goal to « catch » some operations which are under...
Google sanctioned again by the French competition authority for non-compliance with injunctions on neighbouring rights
Resume: On July 12, the French competition authority has sanctioned Google for non-compliance with injunctions imposed in its decision of April 09, 2020. Beyond the fact that it is an umpteenth record for a sanction against Google, this decision is also talked about...
AKZO presumption of dominance: Time to abandon?
To quote this paper: J. Kupčík, “AKZO presumption of dominance: Time to abandon?”, Competition Forum, 2021, n°0025, https://competition-forum.com. I. Introduction EU competition law has been and still is relying primarily on market shares for an analysis of a dominant...
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...