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The EU Commission publishes proposed rules for the regulation of digital services by imposing a series of ex-ante behavioral obligations on entities that are considered as ‘gatekeepers’Your search returned 452 results Economic efficiency
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The European Commission has today published the long awaited Digital Markets Act proposal. The Proposed Regulation imposes a series of ex ante behavioural obligations on entities that the Commission designates as ‘gatekeepers’. The obligations for those designated platforms and the potential (...)
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The EU Commission announces a package of digital markets legislation intended to better regulate major online platforms and to protect consumers and businessesOn 15th December, the European Commission announced a package of digital markets legislation intended to give the Commission the power to better regulate major online platforms and to protect European consumers and businessess for effectively: the Digital Services Act and the Digital Markets (...) -
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The EU Commission proposes legislation to overhaul regulation of digital platforms in the EUOn 15 December the European Commission announced far-reaching proposals for regulation of the digital sector in the form of a Digital Services Act (DSA) and a Digital Markets Act (DMA). In summary the DSA contains new rules including on illegal content and transparency. It applies to all (...) -
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The EU Commission proposes regulation on a single market for digital servicesOn 15 December 2020, the European Commission (the “Commission”) presented a legislative package consisting of a proposed Regulation on a Single Market for Digital Services (“Digital Services Act” or “DSA”), which creates new rules applicable to providers of online intermediary services, as well as a (...) -
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The EU Commission publishes the digital services act intended to modernize the legal framework for digital services in the European UnionThe European Commission (Commission) published the first draft of the Digital Services Act (DSA) and the Digital Markets Act (DMA) on December 15 2020. Morgan Lewis previously reported on the anticipated DSA. The DSA and DMA are intended to modernize the legal framework for digital services in (...) -
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The EU Commission unveils sweeping proposals to regulate the digital sectorIn Short The Development: The European Commission ("EC") recently released two long-awaited legislative proposals, the Digital Services Act ("DSA") and Digital Markets Act ("DMA"), that would significantly increase the EC’s regulatory oversight of online platform companies (previewed in our (...) -
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The EU Commission publishes new obligations and sanctions for digital gatekeepersThe debate about competition issues and unfair practices specific to online platforms and the appropriate tools to tackle them was taken a step further by the European Commission (‘Commission’), which presented two legislative proposals on 15 December 2020: The Digital Services Act (‘DSA’) and (...) -
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The EU Commission issues the proposed digital markets act aimed to complement antitrust intervention in digital markets with ex-ante regulation in the form of a set of obligations that platforms identified as “gatekeepers” should abide byThe European Commission Digital Markets Act: A translation* The European Commission has finally issued the proposed Digital Markets Act, its bid to complement antitrust intervention in digital markets with ex-ante regulation in the form of a set of obligations that platforms identified as (...) -
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The EU Commission publishes a draft regulation aiming the imposition of ex-ante obligations on providers of certain pre-defined core platform services that qualify as gatekeepers1. Introduction The draft Regulation of the European Parliament and of the Council on Contestable and Fair Markets in the Digital Sector (Digital Markets Act) (“DMA Proposal”) was announced by the European Commission (“Commission”) on December 15, 2020. The DMA Proposal envisages the imposition of (...) -
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The Australian Competition Authority releases perishable agricultural goods inquiry report recommending the introduction of an unfair trading practices prohibitionNew fair trading law needed to enhance Australia’s perishable agricultural markets* Australia’s perishable agricultural goods markets need a new fair trading law to address harmful practices arising from bargaining power imbalances that are not covered by current laws, the ACCC has found. The (...) -
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The UK Competition Authority starts an inquiry into the electric vehicle charging sectorCMA to examine electric vehicle charging sector* The CMA is launching a market study into electric vehicle charging, to make sure that this new and fast-growing sector works well for UK drivers. Traditional cars are a major source of greenhouse gas emissions and as part of its “green (...) -
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Digital Ecosystems: Regulatory Intervention & Efficiency Trade-OffsThe "Digital Ecosystems: Regulatory Intervention & Efficiency Trade-Offs" Chatham House Rule style round-table featured key presentations by Carmelo Cennamo (Copenhagen Business School) and Marshall Van Alstyne (Boston University - Questrom School of Business), followed by a live debate (...) -
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Sustainability and competition lawThis special On-topic explores the interactions and tensions between the implementation of the fundamental principles and objectives of the EU, including environmental protection and sustainable development, and European competition policy. This set of articles brings together contributions (...) -
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Competition law and public interests. Principles for resolving conflicts and an application to the banking sector, Mart KNEEPKENSThis section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...) -
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The New Zealand Competition Authority consults on draft report by national dairy co-operative on its 2020/21 milk price manualCommission consults on draft report on Fonterra’s 2020/21 Milk Price Manual* The Commerce Commission today released its draft report on its annual review of Fonterra’s Farmgate Milk Price Manual for the 2020/21 dairy season. This year’s review focused on the changes Fonterra has made to the (...) -
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Challenges and perspectives for a European regulation of Big TechWebinar of the "Law & Economics" Series organised by Concurrences, in partnership with Analysis Group and Frieh Associés, with Daniel Fasquelle (Mayor, Le Touquet | Professor, University of Littoral-Côte-d’Opale), Yann Guthmann (Head of Digital Economy Unit, Autorité de la concurrence), Mike (...) -
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Sustainability goals and antitrust: Finding the common groundWebinar of the "Law & Economics" Series organised by Concurrences, in partnership with Avisa Partner, Dechert and Linklaters, with Olivier Guersent (Director General, DG COMP), Martijn Snoep (Chairman, Netherlands Authority for Consumers and Markets), Alec Burnside (Partner, Dechert), (...) -
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Antitrust, intellectual property, and dynamic efficiency: An essay in honor of Herbert HovenkampArticle to be published in Herbert Hovenkamp Liber Amicorum, N. Charbit and al. (eds.), Concurrences, 2021. This essay argues that, while intellectual property (IP) and antitrust often operate as complementary bodies of law, in some residuum of cases there will be widespread disagreement among (...) -
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Competition Law in Developing Countries, Thomas CHENGThis section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...) -
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The Australian Competition Authority allows 10 coal producers and minerals council to collectively bargain with the Port of Newcastle for the export of coal and other minerals (NSW Minerals Council / Port of Newcastle)Coal producers allowed to collectively bargain with Port of Newcastle Operations* The NSW Minerals Council and ten coal producers will be allowed to collectively negotiate the terms and conditions, including price, of access to the Port of Newcastle for the export of coal and other minerals, (...) -
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The German Competition Authority allows cooperation between competing breweries in the production of Kölsch type of beer specific to the local market in Cologne due to resulting efficiency gains in production (Radeberger / Früh)No objections to cooperation between Radeberger and Früh for the production of Kölsch* The Bundeskartellamt has today announced that a cooperation between the Radeberger Group KG (“Radeberger“) and Cölner Hofbräu P. Josef Früh KG (“Früh”) for the production of Kölsch can been deemed to fulfil the legal (...) -
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The Australian Competition Authority allows public and private competing hospitals to continue cooperating in response to the COVID-19 pandemicPrivate and public hospitals can continue cooperating on COVID-19* Private and public hospital operators, along with government health authorities in each Australian state and territory, will be able to continue working with each other in response to the COVID-19 pandemic, under the ACCC’s (...) -
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The US DoJ and FTC release the updated version of the vertical merger guidelinesThe U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) (collectively, “Agencies”) released the final version of the Vertical Merger Guidelines (“Vertical Guidelines”) on June 30, 2020. The new Vertical Guidelines, which had not been updated in more than 35 years, outline how (...) -
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The German Competition Authority clears online platform sales model of a brand’s competing brick-and-mortar retailers being allowed to sell on the same platform under the umbrella of the brand (Intersport)Bundeskartellamt clears Intersport’s online platform sales model* The Bundeskartellamt has examined Intersport’s online platform sales model and has no objections under competition law. Based on the available information the Bundeskartellamt sees no need for an in-depth examination. Andreas (...) -
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The German Competition Authority approves a sport retail company’s joint distribution platform (Intersport)On 25 June 2020, the German Federal Cartel Office (“FCO”) approved Intersport’s online distribution model through a joint online platform under the Intersport umbrella brand for small retailers. Intersport is the world’s largest association of medium-sized companies in the sports retail sector. Its (...) -
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The German Competition Authority approves a sport retailer’s online platform (Intersport)Intersport, the world’s largest association of medium-sized retailers of sport products, switched its online sales platform operated by the Intersport subsidiary Intersport Digital GmbH (“IDG”) to a so-called "drop shipment business model". Although the Federal Cartel Office (“FCO”) found that the (...) -
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The Australian Competition Authority proposes to allow coal producers to collectively negotiate terms and conditions for access to the Port of NewcastleCoal producers to be authorised to collectively negotiate with Port of Newcastle* The ACCC proposes to allow the NSW Minerals Council and ten coal producers to collectively negotiate the terms and conditions, including price, of access to the Port of Newcastle for the export of coal and other (...) -
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The Romanian Competition Authority issues findings from its study on the impact of the collaborative economy on the competitive environment and the competition policyThe Development of the Collaborative Economy and the Relaxation of Market Access Conditions for Traditional Service Providers Leads to the Improvement of Competition* The Coronavirus pandemic has demonstrated once again that digitalization, increasing the importance of platforms, technological (...) -
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Algorithms & Competition Law: Interview of Michal Gal by Thibault SchrepelAlgorithmic antitrust is almost everywhere! It’s in the doctrine; to start with, Google Scholar features more than 16,000 related articles. It’s also in competition agencies and international institutions which have published numerous reports on the subject. Where it is not, however, is in the (...) -
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The Irish Competition Authority announces commencement of a simplified merger notification procedure regimeSimplified Merger Notification Procedure Regime to commence on 1 July 2020* The Competition and Consumer Protection Commission (CCPC) has announced that a simplified merger notification procedure regime will officially commence on Wednesday 1 July 2020. The CCPC considers that the simplified (...) -
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The Finnish Competition Authority’s investigation of the national agency for historical preservation results in commitment to pro-competitive measures (Finnish Heritage Agency)The Finnish Heritage Agency is committed to undertake measures to improve neutral competition conditions* The Finnish Competition and Consumer Authority (FCCA) has investigated into the business activities carried out by the Finnish Heritage Agency on the archaeological research market. As the (...) -
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Japan: Shrinking market doctrine for aging stagnant economies? The JFTC 2019 revision of merger guidelinesWhile Japan is aging rapidly and the local communities in rural areas are struggling to maintain their essential societal function, the Japan Fair Trade Commission (JFTC) has revised the merger guidelines to allow for mergers that create a monopoly. Under the new approach, which the author (...) -
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The Italian Government adopts a decree laying down additional measures to support companies negatively affected by the economic consequences of the COVID-19 outbreakOn 6 April 2020, the Italian Government adopted a Law Decree (so-called “Decreto Liquidità”) laying down additional measures to support companies negatively affected by the economic consequences of the Covid-19 outbreak. These measures aim at alleviating the devastating effects of the outbreak on (...) -
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The EU Commission prolongs the validity of block exemption for liner shipping consortiaAntitrust: Commission prolongs the validity of block exemption for liner shipping consortia* The European Commission has prolonged for another four years the regulation outlining the conditions under which liner shipping consortia can provide joint services without infringing EU antitrust (...) -
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Richard Whish QC (Hon) Liber Amicorum Article 102 TFEU and Efficiency Pleas: A “Fact-Check”89 Article 102 TFEU and Efficiency Pleas: A “Fact-Check” M assi Miliano K adar * Directorate General for Competition of the European Commission Abstract The European Commission's (the Commission's) approach on efficiencies in the assessment of unilateral conduct has often been subject to criticism (...) -
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Should digital antitrust be ordo-liberal?This foreword analyses how the main characteristics of the digital economy should shape the objectives, the theories of harm, the process and the remedies of contemporary competition policy. It suggests that the ordo-liberalism offers a normative framework adapted to those characteristics of (...) -
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Digital & competitionThis series of articles highlights the existing debate about the role of competition policy in the digital economy. Each contribution addresses the subject from a different perspective. The first two discuss non-price strategies practiced by monopoly digital platforms and remedies that can be (...) -
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The Pakistan Competition Authority approves an acquisition between two application-based ride-sharing service companies despite extremely high market concentration levels and efficiencies failing to outweigh the adverse effects of lessening of competition (Careem / Uber Technologies)The Competition Commission of Pakistan (hereinafter “CCP” or “the Commission”) through its order dated 31 January 2020 (“the Order”) approved the acquisition of Careem by Uber Technologies, Inc., transforming the duopolistic market of application-based ridesharing services into a monopolistic market. (...) -
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The US DOJ and FTC announce new draft vertical merger guidelinesDOJ and FTC Announce New Draft Vertical Merger Guidelines* On January 10, 2020, the Department of Justice’s Antitrust Division (“DOJ”) and the Federal Trade Commission (“FTC”) (together, the “Agencies”) released Draft Vertical Merger Guidelines (the “Draft Guidelines”) that are intended to outline the (...) -
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The US DoJ challenges a trade association rule for college admission (NACAC)In December 2019, the Department of Justice Antitrust Division ("DOJ") settled charges that certain National Association for College Admission Counseling ("NACAC") rules governing college admissions were anticompetitive under Section 1 of the Sherman Act. NACAC is a trade association for (...) -
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The OECD holds a roundtable on merger control in dynamic marketsThe modern competition dynamics observed in rapidly-evolving sectors, such as high-technology, consumer services and online retail, is challenging the role of competition authorities in merger control, where enforcement decisions fundamentally depend on an effects-based analysis of the likely (...) -
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Competition policy: The French Government amends the provisions of the preliminary draft law on audiovisual anticipating the transposition of measures of the ECN + Directive following an opinion of the French Administrative Supreme Court (Audiovisual communication and cultural sovereignty in the digital age)In September 2018, the National Assembly had adopted an amendment introduced by the Government that inserted an article 71 bis in the draft law on the growth and transformation of enterprises ("PACTE law"). Brief history of this bill The purpose of Article 71a of the PACTE bill was to empower (...) -
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The OECD holds a roundtable on barriers to exit in competitionMost of the focus in relation to barriers has been on barriers to entry and their effects on competition. However, for competition to be effective there must also be firm exit. Barriers to exit, like barriers to entry, decrease the market discipline mechanisms of the competitive process to (...) -
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Antitrust risk in financial services: Lessons from recent regulatory developments in the EU, UK and beyondAntitrust authorities in the EU, UK and elsewhere have recently overseen a flurry of activity in the financial services sector. This is no coincidence: bolstered by reforms implemented following the Global Financial Crisis of the late 2000s, and seemingly spurred on by the wider emergence of (...) -
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Reactionary AntitrustArticle to be published in Herbert Hovenkamp Liber Amicorum, N. Charbit and al. (eds.), Concurrences, 2020. The antitrust enterprise is undergoing a renaissance. New voices have emerged. Issues long considered settled have been opened for re-examination. Lively debate has prompted antitrust (...) -
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Brexit: Balancing UK and EU merger controlThe merger control regime in the United Kingdom (UK) and at the European level is increasingly under the spotlight. In the UK, a key factor is the UK’s exit from the European Union (Brexit), where, as a consequence, the UK is likely to lose the benefit of the “one-stop shop” under the EU Merger (...) -
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Competition policy and genderThis paper calls attention to the opportunity for competition authorities to contribute to the fight for gender equality. We also argue that adopting a gender lens can be helpful in achieving the efficiency-based objectives of competition authorities. We conclude by providing a menu of options (...) -
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The South African Competition Appeal Court dismisses an appeal following the Competition Tribunal’s decision for an abuse of dominance in contravention of the Competition Act (Computicket)SOUTH AFRICA: COMPETITION APPEAL COURT CONFIRMS TRIBUNAL FINDING IN COMPUTICKET ABUSE OF DOMINANCE CASE* The South African Competition Appeal Court (CAC) on 23 October 2019 dismissed an appeal by Computicket (Pty) Ltd. (Computicket), following the decision of the Competition Tribunal (...) -
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The Hong Kong Competition Authority clarifies its approach to information exchange (Hong Kong Association of the Pharmaceutical Industry)This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Hong Kong Competition Commission (“HKCC”) recently published its decision relating to a proposed market sales survey by the Hong Kong Association of the (...) -
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Written press: The French Senate provides for the French Postal and Electronic Communications Authority with regulatory tasks of the written press distribution (Modernization of press distribution)On 26 September 2019, the Senate adopted the bill on the modernisation of press distribution. Title III of the bill is devoted to the regulation of press distribution and plans to entrust this regulation to the Autorité de régulation des communications électroniques, des postes et de la (...)
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