Legal boundaries of Competition in the Area of Internet: Challenges and Judicial Responses

Zhu Li, March 20, 2016 Some new characteristics of competition in the Internet industry, e.g., competition for attention, innovation competition, cross-market competition etc., have brought about new challenges and difficulties for the legal regulation of competition. In virtue of the theoretical innovation and the innovation of law applicability, Chinese courts gave creative judicial responses in […]

Platform regulation — ex-ante versus ex-post intervention: evolving our antitrust tools and practices to meet the challenges

Alex Chisholm & Nelson Jung, March 20, 2016 The rapid change in the economic environment, in particular the growth of the digital economy, poses challenges for competition authorities and policymakers alike: what are the key considerations that should inform the approach to intervention in such a fast moving sector? Joseph Schumpeter showed that great historical […]

Letter From The Editor

David Evans, March 20, 2016 This year, as could not be otherwise, our Journal addresses the phenomenon of disruptive innovation and how new technological firms and the sharing economy are challenging authorities around the globe, including competition authorities. We have witnessed, in particular, the rise –and partial fall- of Uber in different cities in most […]

Whither Uber?: Competitive Dynamics in Transportation Networks

Benjamin Edelman, March 20, 2016 Transportation Network Companies offer notable service advances—but do they comply with the law? I offer evidence of some important shortfalls, then consider how the legal system might appropriately respond. Though it is tempting to forgive many violations in light of the companies’ benefits, I offer a cautionary assessment. For one, […]

New business models and competition enforcement: must we ride the tide of change?

Bruno Lasserre, March 20, 2016 New business models seem all-pervasive today, with the result that older forms of trade feel under constant threat. There is undoubtedly a surge in more intangible forms of innovation that rely on new ways of selling existing goods or services. Recent examples of exponential growth in revenues and market capitalization […]

The 3Q case and the abuse of dominance analysis under China’s Anti-Monopoly Law

Yong Huang and Xin Zhang, March 20, 2016 On March 20, 2013, the Higher People’s Court of Guangdong Province gave its judgment on the case of abuse of market dominance of Beijing Qihoo Technology Co., Ltd. (“Qihoo”) vs. Tencent Technology (Shenzhen) Co., Ltd. and Shenzhen Tencent Computer System Co., Ltd. (collectively referred to as “Tencent”) […]

Uber and the Rule of Law: Should Spontaneous Liberalization Be Applauded or Criticized?

Damien Geradin, March 20, 2016 While Uber is able to operate legally in a growing number of countries and cities, regulatory approval has proved to be elusive in other jurisdictions. Yet, in a number of regions or cities Uber decided to launch its services despite the absence of regulatory approval. The fact that Uber has […]

Relevant Market Definition and Market Dominance Identification

Huang Wei & Han Guizhen, March 20, 2016 The appellate dispute between Qihoo 360 Technology Co. Ltd. (“Qihoo”) and Tencent Holdings Limited (“Tencent”) regarding Tencent’s alleged abuse of market dominance was the first antitrust case ever tried by the China Supreme People’s Court (“CSPC”) and was also the longest-ever hearing held by CSPC so far, lasting […]